Legal issues arising from the RIAA's lawsuits of intimidation brought against ordinary working people, and other important internet law issues. Provided by Ray Beckerman, P.C.
Monday, December 24, 2012
Motion to sever & quash denied in Philadelphia case, Malibu Media v John Does 1-6
In a Philadelphia case, Malibu Media v. John Does 1-6, the Court has denied a defendant's motion to sever and quash.
Order denying motion to sever and quash, December 24, 2012, Hon. Cynthia M. Rufe
Ray Beckerman, PC
Friday, December 21, 2012
EFF: "Tough Times for Trolls and their "Copyright Negligence" Scheme"
Interesting article by Mitch Stoltz of Electronic Frontier Foundation:
Tough Times for Trolls and their "Copyright Negligence" Scheme
Complete article
Ray Beckerman, PC
TechDirt: "RIAA Lawyers Trying To Rewrite History Of Copyright Clause Through Shoddy Scholarship And Selective Quotation"
RIAA Lawyers Trying To Rewrite History Of Copyright Clause Through Shoddy Scholarship And Selective Quotation
from the must-pay-well dept
Over the last week or so, I've seen a number of folks in the usual crowd of copyright maximalists cheering on a new "paper" put forth by a group hilariously calling itself the Center for Individual Freedom, supposedly trying to establish the "constitutional and historical foundations of copyright protection." The "paper" (and I use that term loosely) itself does no such thing. It's a one-sided polemic about why copyright is property -- argued by selectively quoting a few historical claims, often out of context, and ignoring everything else. The six page document (quick read) was actually written by three lawyers... who admit that they work for the RIAA. The basic argument is that copyright is a "natural right," and that this idea was well established at the time of the Constitution. The framing, then, is that all the Constitution was really doing was codifying a natural right that all agreed was akin to property, and that this right cannot and should not be diminished or taken away.To do this, the authors rely, almost exclusively, on some arguments that John Locke made. This is the go to move of copyright maximalists. Because John Locke argued that property rights were established as a result of one's labor, and thus a "natural right", and some of the founders were influenced by John Locke, voila, copyright was meant to be given as a natural right. As the paper notes:
The foundational premise of Locke's theory is that all people have a natural right of property in their own bodies. Because people own their bodies, Locke reasoned that they also owned the labor of their bodies and, by extension, the fruits of that labor. When an individual catches a fish in a stream, he has a right to keep that fish because but-for his efforts, the fish would not have been caught. For the same reason, an author has a right to his works because his efforts made the work possible. Under Locke’s view, "[o]ur handiwork becomes our property because our hands—and the energy, consciousness, and control that fuel their labor--are our property."Nearly all of this is misleading or out of context. Or just wrong.....
That is, "a person rightly claims ownership in her works to the extent that her labor resulted in their existence." If anything, under Locke's theory, intellectual property should be even more worthy of protection than physical property. Land and natural resources are pre-existing and finite, and one person's acquisition of a piece of tangible property may reduce the "common" that is available to others. Not so with tangible expressions: the field of creative works is infinite, and one person's expression of an idea does not meaningfully deplete the opportunities available to others; indeed, it expands the size of the "pie" by providing inspiration to others. Moreover, while tangible property such as land and chattel is often pre-existing and acquired through mere happenstance of birth, intellectual property flows directly from its creator and is essentially the "propertization of talent"--that is, "a reward, an empowering instrument, for the talented upstarts" in a society.
Complete article
Ray Beckerman, PC
Friday, December 14, 2012
Indiana plaintiff's counsel violates order to file amended complaint under seal; moves to strike
In an Indiana case, Malibu Media v. Does 1-14, plaintiff's counsel violated the Court's order to file the amended complaint under seal, thus disclosing the identities of the named defendants in public records. He has now moved to strike his amended complaint.
Plaintiff's motion to strike his amended complaint
Wednesday, December 12, 2012
Jammie Thomas-Rasset files petition for certiorari in US Sup Ct
In Capitol Records v. Thomas-Rasset, Jammie Thomas-Rasset has filed a petition for certiorari with the United States Supreme Court, arguing that the 8th Circuit Court of Appeal's statutory damages award of $220,000 for downloading 24 mp3 song files was a violation of Due Process under State Farm v. Campbell, BMW v. Gore, and St. Louis I.M. & S. Railway Co. v. Williams.
Petition for certiorari
Commentary & discussion:
Slashdot
Ray Beckerman, PC
Thursday, December 06, 2012
Severance & dismissal granted in Tampa case, Malibu Media v Does 1-28 #law
Hat tip to Cynthia Conlin, Esq.:
In a Tampa, Florida, case, Malibu Media v. Does 1-28, District Judge James D. Whittemore has severed and dismissed as to Does 2-28.
December 6, 2012, order and decision severing and dismissing as to Does 2-28, Hon. James D. Whittemore, US District Judge
Ray Beckerman, PC
Monday, December 03, 2012
Doe's motion to proceed anonymously granted in In re BitTorrent
In In re BitTorrent Adult Film Copyright Infringement Cases, defendant Doe 1's motion for leave to continue to proceed anonymously was granted.
December 3, 2012, Decision, Hon. Gary R. Brown, U.S. Magistrate Judge
Friday, November 30, 2012
Florida case involving Prenda lawyers dismissed for attempted fraud upon the Court
In a Tampa, Florida, case, Sunlust Pictures v. Nguyen, the Court dismissed the case for several reasons, including attempted fraud upon the Court. The Court held:
The case is dismissed for failure to appear at this hearing, for failure to present a lawful agent, for attempted fraud on the Court by offering up a person who has no authority to act on behalf of the corporation as its corporate representative, and the Court will hear, by motion, a motion for sanctions and fees against this Sunlust entity and everyone affiliated with it, including a motion against Mr. Wasinger for his purposeful failure to appear at this hearing.Transcript of November 27th hearing.pdf
And a motion will also be heard on Mr. Duffy for his lack of candor in relation to his connection with this matter based upon the representation of Mr. Torres that he was contacted by the Prenda Law Group or Prenda Law, Inc. for the purpose of being retained as local counsel in this case and that was not presented to the Court in this purported correspondence. The case is dismissed.
I intend to advise the other Judges in the Courthouse of the nature of this matter and may refer this matter to the Florida Bar for further proceedings.
Tuesday, November 27, 2012
Judge orders plaintiff's counsel to explain whether he entered into settlement in violation of court order
In Combat Zone v. Does 1-84, a Boston, Massachusetts, case, Magistrate Judge Jennifer C. Boal has ordered plaintiff's counsel to submit a statement explaining whether he has entered into a settlement with a defendant in violation of the Court's previously issued order directing him not to enter into any settlements.
November 26, 2012, Order of Magistrate Judge Jennifer C. Boal directing plaintiff's counsel to submit explanation
Ray Beckerman, PC
Tuesday, November 20, 2012
Judge Spatt upholds all of Magistrate Brown's findings in In re BitTorrent
In a Central Islip case, Patrick Collins Inc. v. Doe 1, District Judge Arthur D. Spatt has upheld all of the findings and conclusions of Magistrate Judge Gary R. Brown (PDF), in In re BitTorrent Adult Film Copyright Infringement Cases, agreeing that
an IP address alone is insufficient to establish “a reasonable likelihood [that] it will lead to the identity of defendants who could be sued.” In re BitTorrent, 2012 WL 1570765, at *7. Judge Brown noted that an IP address only points to the internet account in question, and “[a]s a result, a single IP address usually supports multiple computer devices—which unlike traditional telephones can be operated simultaneously by different individuals.” Id. at *3 (citing U.S. v. Latham, No. 06-CR-379, 2007 WL 4563459, at *4 (D. Nev. Dec. 18, 2007)). Due to the prevalence of wireless routers, the actual device that performed the allegedly infringing activity could have been owned by a relative or guest of the account owner, or even an interloper without the knowledge of the owner.Judge Spatt noted that
a simple internet search reveals that detailed instructions are widely available that would allow anyone with only a moderate degree of computer knowledge to “hack” any wireless network that uses this feature, using almost any modern laptop. Furthermore, at least one website offers a $99 kit that gives the same capability to any user with even the most basic knowledge of computers. Many routers also use a security method known as Wired Equivalent Privacy (“WEP”), which the FBI warns has its own share of exploitable vulnerabilities. Federal Bureau of Investigation, Got a Wireless Network? It’s Time to Shore Up Security (May 4, 2007) available at http://www.fbi.gov/news/stories/2007/may/wireless_050407.Judge Spatt concluded "that the Plaintiff failed to establish a reasonable likelihood that the discovery requested would lead to the identity of the Defendants who could be sued."If the Court were to hold internet account holders responsible for any interlopers and guests who might infringe on the Plaintiff’s work, the Court would essentially be imposing a duty that every home internet user vigilantly guard their wireless network. The Court declines to impose such a duty. See AF Holdings, LLC v. Doe, No. 12-CV-2049, 2012 WL 3835102, at *3 (N.D. Cal. Sep. 5, 2012) (“AF Holdings has not articulated any basis for imposing on Hatfield a legal duty to prevent the infringement of AF Holdings’ copyrighted works [by securing his wireless network], and the court is aware of none.”).
Judge Spatt likewise agreed with Magistrate Judge Brown that there was no basis for joinder in these cases, under the Federal Rules.
November 20, 2012, decision of Hon. Arthur D. Spatt, District Judge
Ray Beckerman, PC
Tuesday, November 13, 2012
Plaintiffs and individual defendant move for reconsideration in Capitol v MP3Tunes
In Capitol Records v. MP3Tunes, the plaintiffs and the individual defendant Michael Robertson have moved for reconsideration.
Memorandum of Law in support of Robertson motion for reconsideration on jurisdictional issues
Memorandum of Law in support of Robertson motion for reconsideration on liability issues
Memorandum of Law in support of plaintiff's motion for reconsideration
Saturday, November 10, 2012
Court refuses to approve ex parte discovery in Discount Video v Does 1-29
In a Boston, Massachusetts, case, Discount Video Center v. Does 1-29, Chief Magistrate Judge Leo T. Sorokin has entered an order denying the plaintiff's motion for ex parte discovery, due to the plaintiff's failure to set forth a discovery plan that would be calculated to identify the actual copyright infringer, rather than the subscriber to the internet service. Judge Sorokin characterized plaintiff's plan to dismiss without prejudice as to one of the Does and to start a new action against that Doe, without knowing who the actual infringer is, as 'smacking of' a "bad faith effort to harass the third-party subscriber".
November 7, 2012, decision, denying motion for ex parte discovery, Hon. Leo T. Sorokin, Chief Magistrate Judge
Ray Beckerman, PC
Friday, November 02, 2012
Court sua sponte severs & dismisses in New Sensations v Does 1-83, holds joinder not permissible
In a Massachusetts case, New Sensations v. Does 1-83, District Judge F. Dennis Saylor IV has sua sponte severed and dismissed as to Does 2-83, holding both that the requirement for permissive joinder that the claims arise from the same "transaction or occurrence" is not met, and that even if it had been met, there was an insufficient basis for the court to exercise its discretion in favor of joinder.
November 2, 2012, Decision of Hon. F. Dennis Saylor IV, severing and dismissing
Ray Beckerman, PC
Thursday, October 25, 2012
Doe 1 moves to dismiss for failure to state a claim in Malibu Media v Does 1-11
In a Westchester case, Malibu Media v Does 1-11, Doe 1 has moved to dismiss for failure to state a claim, and to quash the subpoena served on the ISP.
The Court had previously severed the case as to all John Does other than Doe 1.
Memorandum of Law in support of Doe 1 motion to dismiss for failure to state a claim, and to quash subpoena
Ray Beckerman, PC
Thursday, October 18, 2012
Wednesday, October 17, 2012
Plaintiff files response to motion to sever & quash in Malibu Media v Does 1-13
In Malibu Media v. Does 1-13, plaintiff has filed a response to Doe number 5's motion to sever and quash.
Plaintiff's response to Doe #5's motion to sever and quash
Ray Beckerman, PC
Tuesday, October 16, 2012
Combat Zone ordered to show cause why Does should not be severed in Combat Zone v Does 1-84
In Combat Zone v. Does 1-84, a Boston, Massachusetts, case, Magistrate Judge Jennifer C. Boal has ordered plaintiff to show cause why Does 2-84 should not be severed.
October 15, 2012, Order to Show Cause, Hon. Jennifer C. Boal, Magistrate Judge
Ray Beckerman, PC
Monday, October 15, 2012
"Code v. Code" event, NYC Oct 17, 7 PM
Kallos for Council presents
Code v. Code Discussion Series:
Hive at 55, 55 Broad Street, 13th Floor, NY, NY
Signup:
https://kallosforcouncil.com/civicrm/event/register?reset=1&id=27
Ray Beckerman, PC
Friday, October 12, 2012
Court severs & dismisses in New Sensations v Does 1-201
In a Massachusetts case, New Sensations v. Does 1-201, the Court, in an electronic order, has sua sponte severed and dismissed as to Does 2-201:
Judge Richard G. Stearns: ELECTRONIC ORDER severing all defendants but Doe 1 entered. Beneath the cloud of rhetoric, New Sensations, Inc., raises nothing in its Response beyond conjecture to suggest that these defendants are appropriately joined together. The court accepts counsel's representation of good faith in attempting to litigate these cases. However, under the civil rules, in fairness to all involved, including the court, these cases should be litigated and defended in separate causes of action. Therefore, the court will dismiss without prejudice defendants 2 - 201. (Zierk, Marsha) (Entered: 10/10/2012)
Doe 5 moves to quash & sever in Malibu Media v Does 1-13, Long Island case
In Malibu Media v. Does 1-13, a Long Island case, Doe #5 has moved to sever and to quash.
Doe #5's motion to quash
Ray Beckerman, PC
Saturday, October 06, 2012
Online Media Daily: "ReDigi, Capitol Clash In Court About 'Used' Tracks"
From Online Media Daily:
Complete article
ReDigi, Capitol Clash In Court About 'Used' Tracks
By Wendy Davis
ReDigi, a start-up that offers people a way to sell "used" iTunes tracks, asked a federal judge in New York to throw out a copyright lawsuit brought against it by Capitol Records. ReDigi lawyer Gary Adelman told U.S. District Court Judge Richard Sullivan at a Friday morning hearing that the company's technology enables consumers to resell digital tracks, the same way they can resell CDs or vinyl records. Adelman argued that consumers have a "first sale" right to resell products that they legally purchased. But Capitol countered that consumers aren't selling the same works that they purchased, but copies that they upload to the cloud. "First sale does not apply if there's been a reproduction," Capitol's lawyer, Jonathan Mandel, told Sullivan.
Friday, October 05, 2012
Motions to sever & dismiss granted in Westchester cases, Malibu Media v Does 1-10
In a group of Westchester cases, including Malibu Media v. Does 1-10, back in August, District Judge Edgardo Ramos severed and dismissed all cases against John Does other than Does numbered 1.
Order granting discovery, severing, and dismissing, Hon. Edgardo Ramos, August 21, 2012
Ray Beckerman, PC
Thursday, October 04, 2012
Plaintiff ordered to show cause why subpoenas should not be quashed in Combat Zone v Does 1-84
In a Massachusetts case, Combat Zone v. Does 1-84, Magistrate Judge Jennifer C. Boal has ordered the plaintiff to show cause why its subpoenas should not be quashed, on the ground that the subpoenas contained a notice which suggested that the recipients -- the owners of the IP access accounts -- had themselves been sued.
October 4, 2012, Order to Show Cause
Ray Beckerman, PC
Wednesday, October 03, 2012
Motion to sever & dismiss granted in Third Degree Films v. Does 1-47
In a Massachusetts case, Third Degree Films v. Does 1-47, the Court has departed from its earlier authority, and granted a motion to sever and dismiss. The Court's 26-page opinion concludes that joinder is permissible, but that the Court should not exercise its discretion in favor of joinder.
October 2, 2012, Memorandum and Order, Hon. William G. Young, US District Judge
Ray Beckerman, PC
Tuesday, September 25, 2012
Judge orders plaintiff's counsel to show cause why Does 2-201 should not be severed in MA case
In New Sensations v. Does 1-201, a Massachusetts case, the judge -- in response to an ex parte motion for expedited discovery -- sua sponte ordered the plaintiff's counsel to show cause why the case should not be severed as to Does 2-201.
September 21, 2012, Order to Show Cause, Hon. Richard G. Stearns, US District Judge
Commentary & discussion:
Techdirt
Ray Beckerman, PC
Thursday, September 20, 2012
"Porn suits" -- interesting article by Paul Rapp, Esq.
Porn Suits
This article originally appeared in the 9.20.12 issue of Metroland.
Complete article
Ray Beckerman, PC
Wednesday, September 19, 2012
Monday, September 17, 2012
Joel Tenenbaum files appeal
In SONY BMG Music Entertainment v. Tenenbaum, defendant Joel Tenenbaum has filed his appeal. Notice of Appeal, September 17, 2012
Ray Beckerman, PC
Thursday, September 13, 2012
Court severs & dismisses in Media Products v Does 1-26 and 2 related cases
In Media Products v. Does 1-26, Media Products v. Does 1-40, and Patrick Collins v. Does 1-4, three cases pending in Manhattan before Judge Harold Baer, the Court has severed and dismissed as to all defendants other than Doe #1.
September 4, 2012, Opinion & Order, District Judge Harold Baer
Tuesday, September 11, 2012
8th Circuit upholds constitutionality of $9250-per-work statutory damages in Capitol v Thomas
In Capitol Records v. Jammie Thomas-Rasset, the US Court of Appeals for the 8th Circuit:
-held that the award of $222,000, or $9250 per song, is not an unconstitutional violation of due process, and
-did not reach the "making available" issue.
Decision of US Court of Appeals for the 8th Circuit
Commentary & discussion:
Slashdot
it's my blog dammit
Ray Beckerman, PC
Wednesday, September 05, 2012
Doe #83 moves to dismiss in Massachusetts case, Media Products v Does 1-120
Defendant Doe 83's memorandum of law in support of motion to dismiss
Ray Beckerman, PC
Tuesday, August 28, 2012
Internet tv streaming service held not to be a "cable system" therefore unable to obtain compulsory license in WPIX v ivi
In WPIX v. ivi, the 2nd Circuit has held that an internet tv streaming service is not a "cable system", and therefore not able to obtain the compulsory retransmission license available to cable systems.
August 27, 2012, decision of US Court of Appeals for the 2nd Circuit
Ray Beckerman, PC
Doe 1 files reply memo supporting motion to dismiss for failure to state claim in Digital Sin v Does 1-27
Plaintiff's opposition memorandum of law
Defendant's reply memorandum of law
Ray Beckerman, PC
Friday, August 24, 2012
Motion to sever, dismiss, and quash denied in Malibu Media v Does 1-5
Defendant Doe #4's motion to dismiss, sever, and quash has been denied, in Malibu Media v. Does 1-5.
August 24, 2012, Decision
Thursday, August 23, 2012
Doe #41's motion to quash, sever & dismiss granted in Patrick Collins Inc v Does 1-45
In Patrick Collins Inc v. Does 1-45, a Manhattan BitTorrent download case, the motion by defendant Doe #41 to sever, dismiss, and quash, has been granted by District Judge Barbara S. Jones.
August 23, 2012, Order granting Doe #41 motion to sever, dismiss, and quash, Hon. Barbara S. Jones
Motion to reduce $675,000 verdict denied in SONY v Tenenbaum
In SONY BMG Music Entertainment v. Tenenbaum, the new District Judge assigned to the case has denied defendant's motion to set aside the verdict on common law remittitur grounds or on constitutional grounds.
August 23, 2012, decision of Hon. Rya W. Zobel
Commentary & discussion:
Slashdot
Digital Music News
Friday, August 17, 2012
Doe #1 moves to dismiss for failure to state a claim, in Digital Sin v Does 1-27
In Digital Sin, Inc. v. Does 1-27, defendant Doe #1 has moved to dismiss the complaint for failure to state a claim.
Doe #1 Motion to Dismiss: Notice of Motion, Declaration, Exhibits
Doe #1 Motion to Dismiss: Memorandum of Law
Plaintiff's lawyer blames it on the paralegal in bid to avoid sanctions in In Re BitTorrent
Kotzker declaration
Ray Beckerman, PC
Saturday, August 11, 2012
All subpoenas quashed in Discount Video Center v Does 1-29
August 10 2012, Memorandum and Order Quashing All Subpoenas
Ray Beckerman, PC
Friday, August 10, 2012
Order to show cause issued in In re BitTorrent Adult Film Copyright Infringement Cases
Notice and Order to Show Cause dated August 10, 2012
Ray Beckerman, PC
Thursday, August 09, 2012
myVidster's linking to, and framing of, infringing videos, held not likely to constitute direct or contributory infringement
August 2, 2012, opinion
Ray Beckerman, PC
Tuesday, August 07, 2012
Doe #1 files pro se motion to quash & plaintiff opposes in Patrick Collins v Does 1-45
A third John Doe has filed a motion to quash in
Patrick Collins Inc. v. Does 1-45, this one pro se, and the plaintiff has filed a memorandum of law opposing the motion.
Doe #1 motion to quash
Plaintiff's opposition memorandum
Monday, August 06, 2012
John Doe #41 files reply memo in Patrick Collins v Does 1-45
Reply Memorandum of Doe #41
Ray Beckerman, PC
Friday, August 03, 2012
Motion for discovery granted in Digital Sins v Does 1-27
June 6, 2012, Opinion & Order granting discovery
Ray Beckerman, PC
Tuesday, July 31, 2012
Jon Newton is baaaaaack
Jon Newton, scourge of the entertainment cartels and former owner/editor of Canadian freedom of speech advocacy site p2pnet, is back with a new blog -- http://www.myblogdammit.net
(The RSS feed for the site is http://www.myblogdammit.net/?feed=rss2)
Jon has been a great friend to this blog, and to the victims of the RIAA and movie industry bullying.
He had to stop publishing after suffering two heart attacks, a quadruple coronary bypass and a stroke.
Jon is one of the original supporters of Anonymous. http://anonnews.org/external-news/item/160/
He was also the defendant in a milestone defamation court case which, had it succeeded, would’ve put a permanent chill on the Internet in Canada with repercussions echoing around the world.
http://www.myblogdammit.net/?p=457
“I'll still be focusing on freedom of expression on and off-line, and the ongoing adventures of Anonymous", he says.
Jon's most recent post centers on the missing RIAA site.
http://www.myblogdammit.net/?p=765
Jon can be followed on Twitter as @jonnewton8
Judge concerned about "indicia of improper conduct by plaintiffs' counsel" in In re BitTorrent Adult Film Copyright Infringement Cases
July 31, 2012, Order
Commentary & discussion:
Technology & Marketing Law Blog
Ray Beckerman, PC