RIAA Defendant Moves For Summary Judgment 117
NewYorkCountryLawyer writes "One thing you don't see too much of in RIAA litigation is a defendant moving for summary judgment, but that is what just occurred in federal court in Westchester, in Lava Records v. Amurao II. The RIAA had brought suit against Rolando Amurao, a middle aged man who knew nothing about file sharing. After haranguing him for 2 years, they dropped the case and sued his daughter, Audrey, who had used LimeWire years ago. When the RIAA moved for summary judgment against Audrey, however, she surprised them with a summary judgment motion of her own, calling for dismissal of the complaint on the grounds that the statute of limitations had run out on the RIAA's claims. The brief filed by her attorney (PDF) also points out some of the other infirmities in the RIAA's case, such as the inadmissibility of its evidence, the legal nonexistence of a claim for 'making available,' and the unconstitutionality of its damages theory. According to sources, the RIAA is unhappy about Audrey's motion, and is preparing a letter to send the Judge asking the Judge not to allow her to make it. Meanwhile, Audrey's father's case, Lava Records v. Rolando Amurao, is on appeal in the US Court of Appeals for the 2d Circuit over the issue of whether the RIAA should have to reimburse Mr. Amurao for his attorneys fees. Although the appeal was fully briefed and scheduled for argument May 19th, the RIAA has been asking for postponements of the argument."
About That Letter .. (Score:5, Funny)
According to sources, the RIAA is unhappy about Audrey's motion, and is preparing a sack of money to send the Judge asking the Judge not to allow her to make it.
There, fixed that for you. Actually, to be fair:
According to sources, the RIAA is unhappy about Audrey's motion, and is preparing a letter to send the Judge reminding the Judge that he's bought and paid for just like the lawmakers and Judges up the rest of the chain [cnet.com].
More realistic although it's a shame this lower court Judge probably won't profit personally from the case unlike those installed into prestigious positions and those accepting lobbying money for their political campaigns.
Zombie Movie (Score:5, Funny)
I will be soooo happy when the RIAA finally realizes it's dead.
You Go Girl! (Score:2, Funny)
Re:Zombie Movie (Score:1, Funny)
Clearly it's much more like JAWS... where the giant shark eats everyone for a while, then someone feeds it explosives. It then rains shark guts.
I will be sooooo happy when it rains RIAA guts.
Re:Copyright term is now three years? (Score:5, Funny)
It has nothing to do with the duration of the copyright, just the amount of time you can let pass without filing a lawsuit.
Somewhere in DC a lobbyist is trying to get statute of limitations increased to "death of the uploader + 99yrs"
Re:Alternate summary (Score:5, Funny)
If that's really what they say, then the law books are just wrong.
Oh. So you're God. Sorry, I didn't know.
Me I'm just a lawyer, who follows the law.
Re:Curious interpretation of "the public" (Score:3, Funny)
I'm just a country lawyer that wound up in a big city.
Keanu? [imdb.com]