Wednesday, April 22, 2009

2nd Circuit grants RIAA request for adjournment of argument in Lava Records v. Amurao

In Lava Records v. Amurao, the 'throwing-in-the-towel' attorneys fees appeal, the US Court of Appeals for the Second Circuit has granted the RIAA's motion for an adjournment of the appellate argument from its May 19th 2:00 PM date.

The order did not specify the adjourned date, but a docket entry stated that the argument could be "as early as week of 6/22/09".

Order granting RIAA request for adjournment

Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player


Anonymous said...

Whatever the RIAA wants, the RIAA gets.

{The Common Man Speaking}

Jadeic said...

Money talks - especially in the midst of a recession...

Anonymous said...

Let's see...

Local (interim) rule 34 says cases are not to be adjourned except when the attorney(s) involved is/are before the Supreme Court.

Attorney for Defendant in his opposition brief specifically mentioned this rule.

Attorney for plaintiffs did not provide any specifics as to court, case or cause for his absence. Nor did he cite to any authority, however hoary, under which a local rule might be disregarded out of hand without good reason - or any reason for that matter.

Either RIAA is above the law, or the judge is unaware of the plain meaning of the rule or there seems to be a serious lack of impartiality on the part of the trial judge. Perhaps not an error, but certainly cause for concern, I might think.

-The Quiet Lurkcer

Anonymous said...

Nope, the RIAA is above the law. Maybe it was the deal they made with Cuomo last fall..