Thursday, June 29, 2006

New Case in Westchester, Warner v. Cassin: Defendant to Make Dismissal Motion

In a new RIAA case in Westchester, Warner v. Cassin, lawyers for defendant have indicated that they intend to move to dismiss the complaint:

June 2, 2006, Letter of attorneys for defendant
June 8, 2006, Letter of attorneys for plaintiffs
June 9, 2006, Letter of attorneys for defendant

Keywords: digital copyright online download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

Friday, June 23, 2006

Discovery Dispute in UMG v. Lindor: RIAA Refuses to Answer Interrogatories & Document Requests, Asserting "Privilege"

In UMG v. Lindor, pending in Brooklyn federal court, the RIAA has refused to answer the defendant Marie Lindor's document requests and interrogatories, precipitating an application by Ms. Lindor's attorneys to Magistrate Judge Robert M. Levy.

Also in dispute is whether, if the RIAA wishes to use at trial the results of its "mirror imaging" inspection of Ms. Lindor's hard drive, it will have to give Ms. Lindor an opportunity for pretrial discovery into the taking and analysis of the mirror image.

Defendant's Request for Documents*
Defendant's Interrogatories*
Plaintiffs' Response to Interrogatories and Document Request*
Draft Stipulation for Mirror Imaging Procedure*
June 20, 2006, application to Magistrate Levy*
RIAA Response*
Exhibit A*
Exhibit B*
RIAA Motion to Compel*
Supplement Part 1*
Supplement Part 2*
Supplement Part 3*
Beckerman Reply to RIAA*
* Document published online at Internet Law & Regulation

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

Tuesday, June 20, 2006

Flowerburger Records Launches Online Petition Against RIAA Lawsuits

An online petition drive against the RIAA litigation campaign has been launched by Flowerburger Records.

Their press release:


The managers of Avril Lavigne, The Streets and Elbow are amongst those who have signed an online petition opposing the British music industry for suing fans who use p2p (peer-to-peer) networks.

Launched by the record label Flowerburger Records, the petition invites people to show their distaste for the ongoing policy of the British record industry’s trade association, the BPI, of threatening fans with legal action unless they pay sizeable fines.

“Flowerburger’s petition reflects the opinion of a growing number of people in the industry, including its artists, who cannot stomach what is being done to fans in their name,” says Terry McBride of Nettwerk Music Group, who manages Avril Lavigne, Sarah McLachlan and Sum 41. Terry is a vocal opponent of the American record industry’s trade association, the RIAA, arguing against their policy of suing music fans at his website www.savethemusicfan.com

Flowerburger Records was founded by long-standing music industry accountant Chris Thomas.

“We believe that musicians have to be paid for their work, but we don’t think that suing fans or the parents of kids on £5 a week pocket money is the answer,” says Chris. “We are supposed to be a creative industry, so we should be exploring ways to earn money for our artists from p2p, not using the destructive force of litigation.”
To sign their petition go here.

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

Saturday, June 10, 2006

Judge Owen Issues Order Denying John Does' Motion in its Entirety in Warner v. Does 1-149

Judge Owen has issued an order denying John Does' motion to (a) vacate the ex parte discovery order, (b) quash the subpoena, and (c) sever and dismiss the action as to John Does 2-149, in Warner v. Does 1-149:

Order Denying John Does' Motion to Vacate Ex Parte Discovery Order, Quash Subpoena, and Sever and Dismiss as to John Does 2-149*

This is a transcript of the oral argument which took place before Judge Owen which took place on Friday, May 19, 2006, in Warner v. Does 1-149:

Transcript of oral argument of John Does' motion to (a) vacate ex parte discovery order, (b) quash subpoena, and (c) sever and dismiss as to John Does 2-149*

Among the issues raised by the motion papers were:

-whether the evidence the RIAA had submitted in support of the ex parte order sufficiently made out a prima facie case;

-whether the evidence the RIAA submitted was technically valid;

-whether merely 'making available' is a copyright infringement;

-whether the complaint in the action adequately pleads copyright infringement; and

-whether there was any basis for joining 149 different defendants in one case.

The legal papers raising these issues are:

Complaint.*
Ex Parte Order.*
Second Ex Parte Order.*
John Does' Notice of Motion*
Affidavit of Morlan Ty Rogers in Support of Motion*
Affidavit of Zi Mei in Support of Motion*
Memorandum of Law in Support of Motion*
Memorandum of Law in Opposition*
Reply Memorandum of Law in Support of Motion*

March 31, 2006, Letter of Morlan Ty Rogers Requesting Stay

March 31, 2006, Letter of J. Christopher Jensen Opposing Stay as to Other 147 Defendants

A similar motion was made in Motown v. Does 1-99, before Judge Naomi Reice Buchwald, and is pending.

Other similar motions made in Atlantic v. Does 1-25 were denied, by Judge Swain, the last ruling coming on the heels of Judge Owen's.

All of the above cases are in Manhattan.

Other motions which may be pertinent to the John Does' motions, because they involve the legal sufficiency of the RIAA's standard complaint, are Maverick v. Goldshteyn before Judge Trager in Brooklyn and Elektra v. Barker before Judge Karas in Manhattan.

*********************************

Personal comment from Ray Beckerman, one of attorneys for defendants:

"We believe that the rulings from Judge Owen and Judge Swain are totally incorrect. However, under the federal rules, they are not appealable. And because the RIAA's tactic is to discontinue the case before the rulings do become appealable, we will never be able to obtain the guidance of the Second Circuit on these most important issues affecting our country."


* Document available online at Internet Law & Regulation


Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

Tuesday, June 06, 2006

Judge Denies Motion to Vacate RIAA Ex Parte Discovery Order in Atlantic v. Does 1-25

In Atlantic v. Does 1-25, the first of three cases in which computer programmer Zi Mei attacked the evidentiary showing made by the RIAA in support of its ex parte discovery order, Judge Laura Taylor Swain denied "John Doe's" motion to vacate the discovery order.

Order denying motion to vacate ex parte discovery order*.

* Document published online at Internet Law & Regulation

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs