Wednesday, February 29, 2012

In Arista v Escape Media, Grooveshark's employee defendants move to dismiss

In Arista Music v. Escape Media, five of the Grooveshark employees named as defendants in the amended complaint have moved to dismiss, on the ground that they are not subject to jurisdiction in New York.

Memorandum of law in support of jurisdiction defendants' motion to dismiss amended complaint

[Note: You may wonder why the RIAA added employees, of limited means. My guess is that they know that these individuals do not have strong financial resources, and are unequipped to defend themselves in a federal court litigation, so the RIAA wants to try to extort testimony from them against the 'deep pockets', by making a deal with them in which they are given a release in exchange for their 'cooperation'. Testimony obtained under such extortionate circumstances would have no probative value, and is probably unethical, but the RIAA has gone that route in the past. Some of the same lawyers who have used that tactic for the RIAA in the past are representing the RIAA in this case. If I were the judge, I would blow my stack. -R.B.]

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