NewYorkCountryLawyer writes: "The RIAA's attempt to dismiss a "copyright misuse" counterclaim against it has been rejected by Judge Charles L. Brieant, in a White Plains, New York, case, Lava v. Amurao. The counterclaim (pdf) calls for the record labels to forfeit their copyrights on the ground that they "are competitors in the business of recorded music.....[and] are a cartel acting collusively in violation of the antitrust laws and public policy, by litigating and settling all cases similar to this one together, and by entering into an unlawful agreement among themselves to prosecute and to dispose of all cases in an identical manner and through common lawyers..... Such actions represent an attempt....to secure for themselves rights far exceeding those provided by copyright laws......Such acts constitute misuse of copyrights, and lead to a forfeiture of the exclusive rights.....". The judge also upheld (pdf) a counterclaim for declaratory judgment of non-infringement, and granted the motion for leave to file an amicus curiae brief filed by the Electronic Frontier Foundation."
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