In Malibu Media v. Does 1-5, a bittorrent download case pending in Manhattan before Judge Naomi Reice Buchwald, John Doe #4 has filed a motion to quash the subpoena, and for severance and dismissal.
Notice of Motion
Memorandum of Law
Affidavit of Morlan Ty Rogers
Declaration of John Doe #4
Commentary & discussion:
Slashdot
In Forest Park Pictures v. Universal Television Network, the US Court of Appeals for the 2nd Circuit has held that a claim for breach of an implied in fact contract, to compensate plaintiff if its idea for a series was used, was not preempted by the Copyright Act.
June 26, 2012, Decision
A motion to quash is being made by John Doe #4, in Malibu Media v. Does 1-5, US District Court, SDNY, Civil Action File No. 12-cv-2954 (NRB). Formal motion papers are due to be filed by Friday, June 29th.
June 18, 2012, Letter of Morlan Ty Rogers to Hon. Naomi Reice Buchwald, US District Judge
Defendant Michael Robertson's motion for a stay has been denied in Capitol Records v. MP3Tunes.
June 25, 2012, Memorandum Opinion & Order
In Combat Zone v. John Does 1-34, Judge McMahon has issued a decision in which she severed and dismissed the claims against John Does 2 through 34.
June 18, 2012, Decision of Hon. Colleen McMahon dismissing and severing as to John Does 2-34
In Malibu Media v. Does 1-13, where a pro se litigant had made a motion to quash, sever, and dismiss, anonymously, a Magistrate Judge has ruled that the motion could not be made anonymously in the manner the litigant employed.
June 19, 2012, Report and Recommendation denying anonymous pro se motion
In Digital Sins v. Does 1-245, a bittorrent downloading case pending in Manhattan, District Judge Colleen McMahon has issued a decision dismissing and severing all claims except the claim against John Doe #1, and quashing all related subpoenas. Among other things, Judge McMahon noted:
The only economy that litigating these cases as a single action would achieve is an economy to plaintiff- the economy of not having to pay a separate filing fee for each action brought. However, the desire to avoid paying statutorily mandated filing fees affords no basis for joinder. In these BitTorrent cases, where numerous courts have already chronicled abusive litigation practices - again, I refer to the reader to Magistrate Judge Brown's Report and Recommendation - forcing plaintiff to bring separate actions against separate infringers, and to pay a filing fee for each action, is the single best way to forestall further abuse. This is particularly important because the nature of the alleged copyright infringement - the downloading of an admittedly pornographic movie - has the potential for forcing coercive settlements, due to the potential for embarrassing the defendants, who face the possibility that plaintiffs thus-far-unsubstantiated and perhaps erroneous allegation will be made public.May 5, 2012, Decision of Judge Colleen McMahon, dismissing, severing, quashing
Commentary & discussion:
Torrentlawyer
In Brownmark Films v. Comedy Partners, involving the "Canada on Strike" South Park episode, the US Court of Appeals for the 7th Circuit granted summary judgment for the defendant, on the ground that the episode was obviously a parody entitled to the fair use defense.
June 7, 2012, Decision
