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RIAA Defendant Moves For Summary Judgment
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."
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.
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.
My work here is dung.
Found here.
Parent is a nimp.org gnaa troll piece of shit ... not sure how google is resolving that url ...
This reminds me so much of a zombie movie... where somebody has cut off the zombie's head, but it doesn't know it's dead yet, and stumbles around causing damage and killing people for a couple of years before it falls over for good.
I will be soooo happy when the RIAA finally realizes it's dead.
it's actually somewhat impressive how they got google to open the link directly and then how it moves itself to prevent you from exiting. Thank ghu for killall firefox.
Won't Get Fooled Again
We'll be fighting in the streets
With our children at our feet
And the morals that they worship will be gone
And the men who spurred us on
Sit in judgment of all wrong
They decide and the shotgun sings the song
And the world looks just the same
And history ain't changed
'Cause the banners, they all flown in the last war
I'll tip my hat to the new constitution
Take a bow for the new revolution
Smile and grin at the change all around me
Pick up my guitar and play
Just like yesterday
No, no!
I'll move myself and my family aside
If we happen to be left half alive
I'll get all my papers and smile at the sky
For I know that the hypnotized never lie
Do ya?
YAAAAAAAAAAAAAAAAAH!
There's nothing in the street
Looks any different to me
And the slogans are replaced, by-the-bye
And the parting on the left
Is now the parting on the right
And the beards have all grown longer overnight
I'll tip my hat to the new constitution
Take a bow for the new revolution
Smile and grin at the change all around me
Pick up my guitar and play
Just like yesterday
Then I'll get on my knees and pray
We don't get fooled again
Don't get fooled again
No, no!
YAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAH!
Meet the new boss
Same as the old boss
Hope-n-change!
Three cheers for the lady!
more like thank you NoScript ;)
RIAA bosses would be charged for harassment and imprisoned. Fix your legal system.
as far as we can see, it's coming anyway. very important peepoles are being forced to part with their parcels for a song. couldn't be more appropriate?
At what point does the legal system itself become a tool for prosecution? Both the father and daughter are involved, despite the outcome, it basically amounts to harassment. Sad.
Trying to install linux on my microwave, but keep getting a kernel panic...
Not sure how I feel about this bit (emphasis in original):
The distribution right encompasses distribution to the public. But song files which reside on a computer hard drive are only accessible to someone else who has the same file-sharing software.
Maybe "the public" has some special meaning in Lawyer Town, but the fact that file-sharing software is required to access shared files doesn't convince me personally that the files aren't available to the public. It's not as though there is some privileged minority of people who have access to file-sharing software. Anyone can download it.
The GP is just a better-obfuscated version of this. Why is a troll warning modded Offtopic?
This is really interesting. FTA:
Moreover, the copying, even assuming it was an infringement, took place when the song files were first copied onto defendantâ(TM)s computer hard drive. The fact that they were still there later does not constitute a continuing infringement, regardless of when MediaSentry may have accessed the files.
The way I interpret this (although IANAL) is that if you're sharing a folder online, and they don't sue you within 3 years, you're pretty much home free? This could be really good news for people who share files. Especially since you could copy them to a computer not connected to the internet, wait 3 years, then release it to the wild.
The question is, of course, whether people would be happy sharing 3-year-old music.
This signature serves no purpose other than to help you see which posts were made by me.
Thanks NewYorkCountryLawyer for your posts and followups. I for one greatly enjoy reading them.
or in my case, thank you Sandboxie
This sounds like a great boon to all mankind - a single judge gets to decide something that basically means the term of copyright is now three years. Right?
Or does this sounds like it might be in actuallity something that shouldn't quite be decided this way?
Be very careful on which side you are cheering for. Neither side is approaching this very well, and certainly the daughter in this case is (a) clearly in the wrong and (b) hoping for a reprive. Maybe she will get it.
Where do you think Sony goes if all they have to do is "steal" some music, wait three years and then publish it under their own name? After all, the statute of limitations will have run out, won't it? I'll bet that someone like Sony might try this, either them or WalMart.
You see, what gets decided in the courtroom isn't just for happy little filesharers. It applies to everyone else as well, no matter what their motives might be.
They both will lose and the RIAA will win, this will continue until you get the government to cut its bond with the MPAA/RIAA and its unlawful backing of a capitalist consumer entertainment product via the FBI.
get a LOAD of that BULLSHIT. what kind of twisted system is american legal system that, a judge can DENY a legal move by any of the parties. hey ! i have evidence ! but i cant use it - why ? because IT IS DENIED BY APPLICATION OF THE OTHER PARTY.
Read radical news here
5. In my opinion their objection is frivolous, and demonstrates that they are deathly afraid of Audrey Amurao's motion.
So, what exactly is at stake here? I'd like to know more about the deathly fear part. =)
If I'm reading it right, would the summary judgment if granted provide some sort of precedent? For instance, if this flies would other cases be able to say the RIAA's evidence is inconclusive or inadmissible, or "making available" is not proven? Something like that maybe?
Weaselmancer
rediculous.
Possibly a link to the 'I feel lucky' functionality for a search that takes you to the nefarious page the troll wants. Likely a flaw for Google to fix.
First class trolling though, bravo.
Thanks NewYorkCountryLawyer for your posts and followups. I for one greatly enjoy reading them.
+1 Always insightful, Thanks for the info.
Although the appeal was fully briefed and scheduled for argument May 19th, the RIAA has been asking for postponements of the argument.
It is now June. 28th. Either you're talking about something in 2010, or they've already asked. Which is it?
Confusing summaries are not a good thing, and this one is a doozy.
+ A million -- thanks I always look forward to reading through your posts on /. ;)
First class trolling though, bravo.
There is no class in trolling --- sigh
I note that this case claims a "mere" USD 750 per infringement. This is an interesting low amount.
Other than that, when-oh-when will we finally see sanctions for this sort of legal abuse? I can't see anyone regaining any sort of respect for the law and the legal system whilst this sort of shenanigans continue.
Insert
Can we just stick a big free banner ad to NYCL's blog so he can stop boring us and spamming us with his sad attempt to generate more page views?
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.
Ray Beckerman +5 Insightful
+1,000,000,000 trillion million billon. I love you NYCL and I'd love shove my tongue down your ear hole and lick just a tiny part of your incomparable brain, and then maybe have your children.
Personally I'm not going to pass comment until NewYorkCountryLawyer has said his... Oh, wait.
Meta will eat itself
No offence to NYCL, but I've got a few problems with this commentary.
Firstly and perhaps most surprisingly, the characterisation of RIAA's lawyers as being somehow panicked or demonstrating fear by asking the judge not to make the summary judgment. We don't know what their 'letter' is, and without knowing what the basis is, we can't know they don't have some kind of legal basis for denying the motion. So let's find out what the basis is before criticising or mocking the attempt.
Also I'm not from the jurisdiction but the summary leaves me in doubt (or just not informed) as to whether 'writing to the judge' is somehow inappropriate or is just a quaint term for a legitimate process. Eg in Australia you can have an application in the judge's 'chambers' which is in reality in open court, with both parties notified and able to appear, and on public record. Is 'writing a letter' ordinary, or somehow inappropriate or wrongful?
I wish someone would burn the RIAA's building down, key their cars and BOYCOTT their music. A mass outcry to stop playing the radio, stop paying for itunes, stop buying cds and stop pirating tunes would send a clear meassage to these jokers.
Any person who has 1) A computer 2) Access to the Internet 3) A Gnutella "servent" (Limewire, Bearshare, etc., which can be downloaded for free from the net.) has access to Gnet. Since pretty much anybody can obtain all of the three, I would consider that public.
Any person who has the keys to my office and the combination to my safe can access what I have in there. Does that make it 'public'?
Come now, that's being deliberately disingenuous.
There is only one key to your office (or a very limited number). The combination to your safe is not something that is available to most people.
Computers are quite common, and most people above a very low income threshold have the ability to acquire one easily. Similarly, unless you live way out in the sticks, internet access is available to anyone over a slightly higher income threshold (assuming you're after broadband).
Once you have internet access, you can download any of the Gnutella clients for free.
In order to access your keys, someone would presumably have to steal them. In order to access your safe combination, someone would presumably have to either torture you for the information, or guess.
There's an enormous difference there in who things are available to.
Dan Aris
Fun. Free. Online. RPG. BattleMaster.
It's this type of crap from the RIAA that convinced me years ago to just no to commercial music sold as a product by the big corporations. Why empower these sleeze bags?
There's plenty of good music from independent artists!
Reading http://beckermanlegal.com/pdf/?file=/Documents.htm&s=Lava_v_Amurao2, which appears to be the plaintiff's deposition (I'm no lawyer ok), on page 8 of the document (14 of the PDF), item m. reads "August 19, 2005 - Rick Astley, "Never gonna give you up", (9:09:06PM);". Forensic definitely had to listen to the song and are thus Rick Rolled, but does the mere fact that it appears in some legal paper also make the judge Rick Rolled?
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