p2pnet - rss feed: RIAA comes a cropper
p2pnet.net news:- Below is a seemingly innocuous document. It’s typically bland, but it represents a potential disaster for the corporate music industry.
The following transaction was entered on 5/23/2007 at 9:58 AM EDT and filed on 5/18/2007
Case Name: Lava Records LLC et al v. Amurao
Case Number: 7:07-cv-321
Filer:
Document Number: No document attached
Docket Text:
Minute Entry for proceedings held before Judge Charles L. Brieant : Oral Argument held on 5/18/2007 re: [15]
MOTION to File Amicus Brief In Support of Defendant’s Opposition to Plaintiffs’ Motion to Dismiss Counterclaims. filed by Electronic Frontier Foundation, [8] MOTION to Dismiss or Strike Defendant’s Counterclaims. filed by Lava Records LLC…..Motion Dke #15 for leave to file amicus brief is Granted.
Motion Dkt#8 is denied. Plaintiff’s may respond to Counterclaims within 10 day’s.
See transcrip. So Ordered Brieant, J.
New York’s Rolando Amurao is yet another of the people Warner Music, EMI, Vivendi Universal and Sony BMG’s RIAA (Recording Industry Association of America) claims is a “massive distributor” of digital music files.
Represented by Richard Altman, Amurao protests he’s not now, and never has been, anything of the kind.
In fact, says Altman, the RIAA is itself at fault for misusing US copyright laws. And the EFF (Electronic Frontier Foundation) is supporting Altman in a friends of the court brief which judge Brieant now says can be officially filed.
Says Recording Industry vs The People:
In Lava v. Amurao, pending in the Southern District of New York, in White Plains, Judge Charles L. Brieant has entered an order denying the RIAA’s motion to dismiss counterclaims for (a) declaratory judgment of non-infringement and (b) copyright misuse.
The Judge also granted the motion of the Electronic Frontier Foundation for leave to file an amicus curiae brief.
The copyright misuse counterclaim calls for the plaintiffs to forfeit their copyrights in the songs which form the basis for their suit, 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…..”.
Also See:
massive distributor - EFF in RIAA vs Amurao fray, April 10, 2007
Recording Industry vs The People - Judge Rejects RIAA Motion in Lava v. Amurao; Counterclaims for Copyright Misuse and Declaratory Judgment Stand, May 23, 2007
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Tired of being treated like a criminal? They depend on you, not the other way around. Don’t buy their ‘product’. Do bug your local politicians. Use emails, snail-mail, phone calls, faxes, IM, stop them in the street, blog. And if you’re into organizing, organize petitions, organize demonstrations and then turn up on your local political rep’s doorstep, making sure you’ve contacted your local tv/radio station/newspaper in advance. Don’t just complain. Do something!
May 23rd, 2007 at 2:35 pm
Record labels compete? Since when? LOL
Thats entirely the whole problem.
May 24th, 2007 at 9:55 am
The recording industry has always competed. a few of the things they compete in:
A) who can screw an artist the most.
B) who can screw their customers the most.
C) who can use the money generated from A & B to purchase, opps sorry ‘lobby’ the most expensive politician.
D) who can use the money generated from A & B to over reward their managment.
February 26th, 2008 at 11:59 am
What are the songs that they are possibly losing their copyright claims to?