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The Courts

First New Dismissal Motion Against RIAA Complaint 155

NewYorkCountryLawyer writes "Several weeks ago it was discovered that a California federal judge, in rejecting an RIAA application for default judgment, had dismissed the RIAA's standard complaint for failure to state a claim, calling it "conclusory" "boilerplate" "speculation" in Interscope v. Rodriguez. In the wake of that decision a New York woman being sued in Brooklyn federal court, Rae J Schwartz, has told the Court that she is making a motion to dismiss the complaint in her case, Elektra v. Schwartz. This is the first post-Interscope challenge to the RIAA's boilerplate, of which we are aware. This is the same case in which the RIAA had sent a letter to the Judge falsely indicating that AOL had 'confirmed that defendant owned an internet access account through which copyrighted sound recordings were downloaded and distributed'. Ms. Schwartz suffers from Multiple Sclerosis, but the RIAA has pressed the case against her."
The Courts

RIAA Short on Funds? Fails to Pay Attorney Fees 341

NewYorkCountryLawyer writes "Can it be that the RIAA, or the "Big 4" record companies it represents, are short on funds? It turns out that despite the Judge's order, entered a month ago, telling them to pay Debbie Foster $68,685.23 in attorneys fees, in Capitol v. Foster, they have failed to make payment. Ms. Foster has now had to ask the Court to enter Judgment, so that she can commence 'post judgment collection proceedings'. According to Ms. Foster's motion papers (pdf), her attorneys received no response to their email inquiry about payment. Perhaps the RIAA should ask their lawyers for a loan?"
The Courts

Judge Lets RIAA Subpoena Defendant's Employer 157

NewYorkCountryLawyer writes "A judge has ruled that the RIAA can subpoena the defendant's employer in a case pending in Manhattan federal court, Atlantic v. Shutovsky. The judge's order (pdf) contained eight separate rulings deciding 19 pages of discovery disputes (pdf), resolving virtually all of them in favor of the RIAA. Other decisions made include: 'The plaintiffs were permitted to take depositions of Mr. Shutovsky's wife and his brother. Plaintiffs were required to produce all non-privileged documents or materials relating to any investigation and any sound files on their computer, and to produce a privilege log as to any claimed to be privileged. Defendant was required to provide the name and address of each person who used his computer during the three years prior to commencement of the lawsuit.'"
The Courts

Belgian ISP Forced To Block P2P Traffic 207

An anonymous reader lets us know of developments in a case in Belgium that has been under litigation since 2004. The Belgian copyright watchdog SABAM has forced an ISP to begin filtering P2P traffic (PDF). According to the PDF on the SABAM site: "The Belgian Society of Authors, Composers and Publishers (SABAM) has just won an important legal battle within the context of the dispute that opposes it to the Internet Service Provider (ISP) Tiscali, which has become Scarlet Extended Ltd. In its sentence of June 29, 2007, the Court of First Instance of Brussels is demanding from the access provider that it adopts one of the technical measures put forward by the expert in order to prevent Internet users from illegally downloading SABAM's musical repertoire via P2P software." The rumor is that Scarlet will be forced to deploy the same software as MySpace uses (Audible Magic) to filter illegal P2P traffic from the legal.
The Courts

NC State Stands Up to RIAA 180

NewYorkCountryLawyer writes "The Technician Online at North Carolina State University reports that its Director of Student Legal Services, Pam Gerace, has advised students to remain anonymous, and has indicated her office's willingness to challenge the RIAA's subpoenas. What's more, the newspaper urges students to take Ms. Gerace up on her offer. The fighting spirit of Jimmy Valvano lives on."

EFF Jumps in Against RIAA for Copyright Misuse 147

NewYorkCountryLawyer writes "Arguing that the RIAA and big record labels may be misusing their copyrights, the Electronic Frontier Foundation has jumped in on the defendant's side in a White Plains, New York, court conflict. The case is Lava v. Amurao, and the EFF will be defending Mr. Amurao's right to counterclaim for copyright misuse. EFF argued that the RIAA, by deliberately bringing meritless cases against innocent people based on theories of 'secondary liability', are abusing their copyrights. In its amicus brief, EFF also decried (just as when it joined the ACLU, Public Citizen, and others on the side of Debbie Foster in Capitol v. Foster) the RIAA's 'driftnet' litigation strategy. They argue that the declaratory judgment remedy must also be made available to defendants, in view of the RIAA's habit of dropping the meritless cases it started but can't finish."

Patti Santangelo v. RIAA May Be Over 138

newtley writes "Odds are that Patti Santangelo, the RIAA case defendant and New York mother who has made a determined stand against the Big 4, may have won her battle to clear her name. She and her lawyer, Jordan Glass, have signed and submitted a stipulation to dismiss with prejudice the case lodged against her by the RIAA. US federal district court judge Colleen McMahon's language had earlier seemed to indicate it was time to end the farce, and the court had the power to entertain a motion for legal fees. Unfortunately, her two children are still 'in the line of fire' in the court room."

Music Execs Say Apple's DRM Hurting Industry 405

EMB Numbers writes "C-Net says last year saw a 131 percent jump in digital sales, but overall the industry still saw about a 4 percent decline in revenue. Some executives at this week's Digital Music Forum East conference lashed out at Jobs, blaming Apple and its CEO for their troubles. The impression at the conference was that Jobs' call three weeks ago for DRM-free music was anything but sincere. As the article puts it, 'Apple has maintained a stranglehold on the digital music industry by locking up iTunes music with DRM ... and "it's causing everybody else who is participating in the marketplace — the other service providers, the labels, the users — a lot of pain. If they could simply open it up, everybody would love them.""

MPAA Violates Another Software License 297

Patrick Robib, a blogger who wrote his own blogging engine called Forest Blog recently noticed that none other than the MPAA was using his work, and had completely violated his linkware license by removing all links back to the Forest Blog site, not crediting him in any way. The MPAA blog was using the Forest Blog software, but had completely stripped off his name, and links back to his site. He only found about it accidentally when he happened to visit the MPAA site.
The Internet

US Group Wants Canada Blacklisted Over Piracy 585

An anonymous reader writes "Following up on an earlier story, the IIAA wants to add Canada to a blacklist of the worst intellectual property offenders. A powerful coalition of U.S. software, movie and music producers is urging the Bush administration to put Canada on an infamous blacklist of intellectual property villains, alongside China, Russia and Belize. 'Canada's chronic failure to modernize its copyright regime has made it a global hub for bootleg movies, pirated software and tiny microchips that allow video-game users to bypass copyright protections', the International Intellectual Property Alliance complains in a submission to the U.S. government."

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