In the case targeting students at the State University of New York in Albany, Arista Records v. Does 1-16, the US Court of Appeals for the Second Circuit has affirmed the orders of the lower court denying a motion to quash.
The appeals court held that the order was appealable, but rejected John Doe #3's arguments that :
-the district court was without authority to refer the motion to the Magistrate Judge;
-the complaint failed to state a claim for copyright infringement;
-the "fair use" defense barred plaintiffs' case; and
-the papers submitted in support of the RIAA's ex parte motion were too vague.
April 29, 2010, decision of US Court of Appeals, Second Circuit
Commentary & discussion:
p2pnet.net
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
No comments:
Post a Comment
The RIAA has a habit of citing our blog to judges, so please keep comments dignified and worthy of the important issues we are discussing, in keeping with our comment policies. If you see a violation of the policies, please let me know by email. You can post anonymously, but must sign off by giving us something to call you. Conversations among several people called "Anonymous" get too confusing. Thanks. Best regards. -Ray