Saturday, January 31, 2009

Opposing brief filed by Joel Tenenbaum and amicus brief filed by Courtroom View Network

Thanks to Ben Sheffner for making these briefs available.

The brief filed by Joel Tenenbaum, and the amicus curiae brief of CVN, filed in opposition to the RIAA's petition for 'mandamus or prohibition' in SONY BMG Music v. Tenenbaum, are now available online.

Opposition Brief of Joel Tenenbaum
Amicus curiae brief of CVN



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Friday, January 30, 2009

14 news groups, including Associated Press and New York Times, file amicus curiae brief in opposition to RIAA petition

In SONY BMG Music v. Tenenbaum, a group of 14 news organizations, including the Associated Press and the New York Times, have filed an amicus curiae brief opposing the RIAA's petition to prevent internet streaming of the upcoming oral argument.

The other news organizations joining in the brief were Courtroom Television Network, Dow Jones & Co., Gannett Co. Inc., The Hearst Corp., Incisive Media, National Public Radio, NBC Universal Inc., Radio-Television News Directors Association, The Reporters Committee for Freedom of the Press, The E.W. Scripps Co., Tribune Co., and Washington Post Digital.

NBC Universal, one of the amici, is an affiliate of UMG Recordings, one of the plaintiffs.

Amicus Curiae Brief of Associated Press, New York Times, Courtroom Television Network, Dow Jones & Co., Gannett Co. Inc., The Hearst Corp., Incisive Media, National Public Radio, NBC Universal Inc., Radio-Television News Directors Association, The Reporters Committee for Freedom of the Press, The E.W. Scripps Co., Tribune Co., and Washington Post Digital

[Thanks to Jon Newton at p2pnet.net, BNA Internet Legal News by Michael Geist, and The Associated Press for bringing this to my attention, to Ben Sheffner for firsts making the briefs available online, and to Alter_Fritz for alerting me to the online briefs.]

Commentary & discussion:

p2pnet.net
Associated Press
Slashdot




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Electronic Frontier Foundation files amicus brief in support of webcast of SONY BMG Music v. Tenenbaum hearing

The Electronic Frontier Foundation has filed an amicus curiae brief in opposition of the RIAA's petition to prevent internet streaming of the upcoming oral argument in SONY BMG Music v. Tenenbaum.

They were joined in their brief by Public.Resource.org, Media Access Project, Internet Archive, Free Press, California First Amendment Coalition, and lawyer Ben Sheffner.

Amicus Curiae brief of Electronic Frontier Foundation, Public.Resource.org, Media Access Project, Internet Archive, Free Press, California First Amendment Coalition, and Ben Sheffner

Commentary & discussion:

Electronic Frontier Foundation
Online Media Daily



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Another good article on the UMG Recordings v. Roy case in New Hampshire

Here's another good article on the New Hampshire case, UMG Recordings v. Roy.




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Thursday, January 29, 2009

Default judgments continue to roll in, in Boston

For those of you who may think that District Judge Gertner has finally recognized that the RIAA's cases are not based on sufficient evidence, sound legal theory, or proper pleading, I would just want to let you know that she continues to enter default judgments, based on the RIAA's written submissions.

I have never reported on default judgments, and do not intend to start doing it now, but if anyone wants to check for themselves, they can go to Capitol Records v. Alaujan, D. Mass., 03-11661, which is the consolidated case for all of Massachusetts, and see for themselves.

It is mind boggling to me that a Judge, after learning that the Massachusetts State Police have preliminarily determined that the evidence upon which the RIAA's cases rest was obtained illegally, would enter judgments based on that evidence without even conducting a hearing. It is likewise mind boggling to me that any judge would accept a default judgment application based on (a) evidence that would be inadmissible in court, and (b) a cookie cutter pleading which patently fails the test of Bell Atlantic v. Twombly.

Needless to say, I am of the view that District Judge Janet Bond Arterton (D. Conn.) got it right in Atlantic Recording v. Brennan, and former District Judge Rudi M. Brewster (S.D. California) got it right in Interscope Records v. Rodriguez, when they held that the RIAA's default judgment applications are improper, and rejected them.

Commentary & discussion:

p2pnet.net




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Interesting article in Online Media Daily about Cox Cable violating principle of net neutrality

Interesting article by Wendy Davis of Online Media Daily about Cox Communications's interference with the principle of net neutrality:

Cox's Plan To Interfere With Net Traffic Draws Criticism
by Wendy Davis

Cox Communications' new traffic-shaping plan is drawing harsh criticism from some net neutrality advocates.

"It is certainly a horrible idea and it's not the way the Internet ought to work," said Robb Topolski, chief technology consultant for broadband advocacy groups Free Press and Public Knowledge. "When I first heard about it, I thought it was an early April Fool's joke."

Cox, the third-largest cable company, said Tuesday that it intends to test a plan to manage congestion by occasionally prioritizing "time sensitive" traffic while slowing down other, less urgent material. The time-sensitive traffic includes Web streaming, email, instant messaging, games and remote connectivity. The material categorized as susceptible to delay includes bulk transfers of data for storage or file access, peer-to-peer protocols, software updates and Usenet newsgroups.
Complete article

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Wednesday, January 28, 2009

Oral argument in Capitol Records v. MP3Tunes now available online

Oral argument of EMI's motion to dismiss counterclaims in Capitol Records v. MP3Tunes.com, Inc. took place on January 16, 2009.

EMI argued that since MP3Tunes did not comply with the DMCA notices it contends were improper, it sustained no damages.

The argument started off with the following exchange:

THE COURT: Do you agree that if the plaintiffs distribute music for free on the Internet, your client distributes music for free on the Internet, the fact that those songs are somewhere on MP3tunes Web sites' is not infringement?

MR. BART: I think it still is infringement.
A copy of the transcript is now available online.

Oral argument of plaintiffs' motion to dismiss counterclaims, January 16, 2009



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Tuesday, January 27, 2009

Interesting article by Tracy Mitrano in Chronicle of Higher Education

Came across this interesting article, in the Chronicle of Higher Education, by Tracy Mitrano, director of information-technology policy in Cornell University’s Office of Information Technologies, where she also directs the computer policy and law program:

Tracy Mitrano: Why the Recording Industry Stopped Suing Students

When the Recording Industry Association of America decided in December to stop filing bulk lawsuits against college students, several students in my “Culture, Law, and Politics of the Internet” course asked me to comment on the strategy. Here is what I said:

Over all, the [recording industry’s] approach was increasingly losing steam, both as a public-relations tactic and financially. More important, if the RIAA had any hope of creating tension between students and administrators, it ultimately backfired.....
Chronicle of Higher Education

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Request: how do we get copies of the letters Mitch Bainwol sent to the Commerce and Judiciary committees of Congress last month?

According to the Union Leader in New Hampshire, Mitch Bainwol of the RIAA sent letters to the Commerce and Judiciary Committees supposedly explaining the supposed cessation of lawsuits.

We need to get our hands on those letters. If anyone can get copies it would be appreciated.

Thanks.

-R.B.

[PS. Thanks to long-time reader derivative for pointing this out.]



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Good article in Union Leader about UMG Recordings v. Roy

Thanks to the reader of our blog brought to my attention an excellent article in the Union Leader about UMG Recordings v. Roy, a case in which the defendant is represented by the Consumer and Commercial Law Clinic of the Franklin Pierce Law Center in Concord, New Hampshire:

NH woman fights back against music industry

By DAN TUOHY
New Hampshire Union Leader
Monday, Jan. 26, 2009

The music industry is singing a different tune to defend against illegal downloads, targeting Internet service providers instead of end users.

But the Recording Industry Association of America says pending lawsuits, including one involving a New Hampshire woman, will move forward.

Students at Franklin Pierce Law Center are counting on it. The woman, Mavis Roy of Hudson, has called on legal clinics at the state's only law school to represent her as she fights the charges in federal court this year.
Complete article

Commentary & discussion:

p2pnet.net





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Monday, January 26, 2009

Jammie Thomas asks Court for extension to retain expert witness, received $3000 grant from Free Software Foundation

In Capitol Records v. Thomas, which is scheduled for its second trial to take place on March 9th, the verdict from the first trial having been set aside, the defendant has received a grant of $3000 from the Expert Witness Defense Fund of the Free Software Foundation to enable her to retain an expert witness.

In the first trial, she could not afford an expert witness to rebut the expert witness used by the RIAA.

Accordingly, her attorney has made a motion for an extension of the discovery deadline.

This is the second case in which the FSF's Expert Witness Defense Fund has lent assistance, the first being UMG Recordings v. Lindor, where it granted $2046.92 to compensate the expert witness and $750.00 to compensate the technical consultant. A full report of the Expert Witness Defense Fund's receipts and disbursements as of December 31, 2008, is available here.

Memorandum in Support of Motion for Extension of Discovery Deadline

[Ed. Note. Tax deductible contributions can be made to the Free Software Foundation, specifically earmarked for the RIAA Expert Witness Defense Fund, which funds are used to help the victims of RIAA lawsuits to hire technical experts and/or consultants, here.]


Commentary & discussion:

p2pnet.net
y-net (Hebrew)




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Plaintiffs' motion for discovery sanctions partially granted in Arista Records v. Usenet.com

In the RIAA's case against Usenet.com, Inc., Arista Records v. Usenet.com, Inc., the Magistrate Judge -- in a 73 page opinion -- has partially granted plaintiffs' motion for discovery sanctions for spoliation of electronic evidence. The Court declined to consider portions of the defendants' expert witness's declaration due to the expert's failure to meet Daubert reliability standards as to those portions.

January 26, 2009, Memorandum Opinion and Order, Granting in Part, Denying in Part, Plaintiffs' Motion for Discovery Sanctions

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Here is the White House contact form

Here is a link to the White House's contact form.

Please urge President Obama not to appoint a representative of the content cartel as "copyright czar". To do so would be a continuation of putting the 'foxes in charge of the henhouse'.

Please also make sure the White House is aware of Judge Davis's remarks in Capitol v. Thomas, calling for congressional reform to protect against outlandish verdicts against noncommercial users.

Please pass this along.

Commentary & discussion:

p2pnet.net
AgoraVox




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