RSS MAD

Memoranda of law in Arista v. Limewire

Plaintiffs finally did get around to filing a memorandum of law, four (4) days after the filing deadline, in Arista v. LimeWire.

Here are the copies of the memoranda of law I have been able to find:

Defendants' first memorandum of law
Defendants' second memorandum of law
Plaintiffs' memorandum of law

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Both sides move for summary judgment in Arista v. Limewire

Papers have been filed in Arista v. LimeWire which appear to be asking for summary judgment.

[Ed. note. We were unable to ascertain, from glancing at them, what the motions are all about. We were unable to find any memorandum of law from the plaintiffs, and the defendants filed two memoranda of law, one with all the substance "redacted". Accordingly, we have not prepared links to these papers, but have put many of the documents online for people who want to spend their time wading through them, in the following directory: http://beckermanlegal.com/Limewire/. However, I do not recommend that you do so. I regret the time and money I spent retrieving these from PACER. I have a hunch there won't be anything interesting until the trial. -R.B.]

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

RIAA Case Watch List : updated

For those of you who have or want to open PACER accounts, and want to help out in the fight against the RIAA's litigation campaign, here is a watch list of cases which I'd appreciate your monitoring whenever you can.

This is not an all-inclusive list of cases we are watching, but just a select list of cases that need extra watching for various reasons.

If anything happens in one of these cases, please email me the *pdf's. This will be a recurring post, in which cases will be added to and subtracted from the list, so bookmark the permalink near the bottom of this post.

The PACER login page is here. To sign up for PACER go here.

Instructions: Log in. Go to district court, then input case number. Request "docket report". If there is new activity, download *pdf file and email to me. (If you're not sure if it's important enough, email me and ask.) Thanks. -R.B.

RIAA Case Watchlist

District, Case no., Case name
Arizona: 06-2076 Atlantic v Howell
Arizona: 08-335 LaFace v Does 1-14
Connecticut: 07-232 Atlantic v. Brennan
Connecticut: 07-1648 Arista v. Does 1-6
Connecticut: 07-1903 Zomba v. Does 1-16
District of Columbia: 07-1649 Arista v. Does 1-19
Michigan:Western: 07-187 LaFace v. Does 1-5
Minnesota: 06-1497 Capitol v. Thomas
Oregon: 07-6197 Arista v Does 1-17
Pennsylvania:Western District: 07-1515 Fonovisa v. Does 1-9
Rhode Island: 08-66 Arista v. Does 1-22
Texas:Northern: 06-860 UMG v. Greubel
Virginia:Eastern District: 07-52 Interscope v Does 1-7
West Virginia:Southern District: 07-649 Arista v Does 1-7

Commentary & discussion:

p2pnet.net

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Materials for Last H.O.P.E. July 19, 2008, talk

If you're attending my talk at the Last H.O.P.E. Conference on July 19th, here are some background materials:

RIAA Expert
Jacobson testimony: no testing, no publishing, no peer review, no nothing
Judge saying he can testify anyway
MediaSentry printouts, part 1
MediaSentry printouts, part 2
Links to complete deposition transcript, plus all exhibits
Direct link to complete deposition transcript
RIAA saying it identifies an individual
RIAA expert witness saying RIAA does not identify an individual

RIAA Investigator
MediaSentry says it is not an expert witness
MediaSentry says it is an expert witness
RIAA says MediaSentry is an investigator
RIAA says MediaSentry is not an investigator
MediaSentry says it is an investigator
MediaSentry says it is not an investigator

Defendant's expert
Expert witness report of Prof. Johan Pouwelse

Substantive law
Atlantic v. Howell (No "making available")
Capitol v. Foster (RIAA's theory of secondary liability "marginal")

Financial
Expert Witness Defense Fund (Managed by Free Software Foundation)

Commentary & discussion:

p2pnet.net

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Collection of testimony about not being able to 'detect an individual'

As most readers know, the RIAA has been fond of telling judges that their investigator "detected an individual", which was directly contradicted by the deposition testimony of its expert witness, Dr. Doug Jacobson, at his February 23, 2007, deposition in UMG v. Lindor.

I've prepared a collection of some excerpts from that deposition on that point:

Jacobson on Not Being Able to Detect Individuals

The full transcript of Dr. Jacobson's deposition is here.

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Is it illegal for a toddler to dance to a copyrighted song?

Electronic Frontier Foundation Media Release

For Immediate Release: Tuesday, July 15, 2008

Contact:

Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
press@eff.org
+1 415 436-9333 x125

Friday Court Hearing in YouTube Video Battle

Home Movie of Toddler Dancing to Prince Sparks Bogus Copyright Claim

San Jose - On Friday, July 18, at 9 a.m., the Electronic Frontier Foundation (EFF) will urge a federal judge in San Jose to protect the free speech and fair use rights of mother who posted a home movie of her son dancing to Prince on YouTube.

EFF represents Stephanie Lenz, who uploaded a 29-second clip of her son dancing in the family kitchen to the Prince song, "Let's Go Crazy," which is playing on a stereo in the background. Remarkably, Universal Music Publishing Group claimed that the video infringed its copyrights, and had the video yanked from YouTube. Lenz's lawsuit against Universal seeks to hold the company accountable for misrepresenting that her fair use violated its copyrights.

In Friday's hearing, EFF will ask U.S. District Court Judge Jeremy Fogel to reject Universal's motion to dismiss the case, and allow Lenz's lawsuit to continue.

WHAT:
Lenz v. Universal

WHEN:
Friday, July 18
9 a.m.

WHERE:
U.S. District Court, Northern District of California Courtroom 3, 5th Floor 280 South 1st Street San Jose, CA 95113

For this release:
http://www.eff.org/press/archives/2008/07/15

About EFF

The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression and privacy online. EFF is a member-supported organization and maintains one of the most linked-to websites in the world at http://www.eff.org/

Commentary & discussion:

p2pnet.net
boing boing
ezee.se
webbits

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Tiffany's loses case against eBay

It's off topic for this blog, but I thought many of my readers would be interested in knowing that Tiffany's lost its trademark infringement case against eBay.

The court held that "it is the trademark owner's burden to police its mark, and companies like eBay cannot be held liable for trademark infringement based solely on their generalized knowledge that trademark infringement might be occurring on their websites".

July 14, 2008, Decision, Hon. Richard J. Sullivan

Commentary & discussion:

Associated Press
Reuters
Wendy.Seltzer.org
Ars Technica
Slashdot
Slashdot (NYCL Journal)

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Probable Cause Hearing Scheduled before North Carolina Grievance Committee over MediaSentry Unlicensed Investigation charges

We have just learned from court papers filed in Capitol v. Doe, one of the six (6) John Doe cases targeting North Carolina State University students in Raleigh, North Carolina, that a Grievance Committee hearing, to determine the existence of probable cause, has been scheduled by North Carolina's Private Protective Services Board, in connection with the complaints that have been filed charging MediaSentry with the crime of unlicensed investigation.

The hearings are scheduled to take place on December 10, 2008, at 1:00 P.M., in Raleigh, North Carolina.

Defendant's brief
Affidavit of Stephen Robertson
Exhibit C - Notice of Grievance Committee hearing to determine probable cause

Commentary & discussion:

Slashdot
p2pnet.net
Afterdawn.com

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Parties file reply briefs in Capitol v. Thomas

In Capitol v. Thomas, both sides have filed their reply briefs responding to each other's initial briefs and the amicus curiae briefs.

The judge also granted all of the motions by the amicus curiae for their briefs to be accepted.

Oral argument is scheduled for Monday, August 4th, at 10:00 A.M., in Courtroom 1, at the federal courthouse in Duluth, Minnesota, and is open to the public.

Plaintiffs' Reply Brief
Defendant's Reply Brief

Commentary & discussion:

Duluth News Tribune

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Code of Best Practices for Fair Use in Online Videos Announced

While the large content owners would like nothing better than to 'leave up to the courts', on a case-by-case basis, what is a 'fair use', it is not workable for creators, it is not fair to the public, and it is not consistent with the underlying principles of copyright law, for creators to have to live with that kind of uncertainty.

Which is why the Center for Social Media at American University, the same folks who brought you a 'Code of Best Practices for Fair Use' for documentary filmmakers, announced last year that they would be undertaking a project to develop a similar code for user-generated online content.

This month they have announced their Code of Best Practices in Fair Use for Online Video.

The code is available online and in *pdf. (PDF)

Now let us hope this helps to put an end to the atmosphere of constant litigation and terror that the large content owners have created.

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

PDF Files Operating Smoothly Once Again

We've received word from the good folks at Internet Law & Regulation that they've completed the work on the servers, and all the *pdf litigation documents they're hosting are back online and fully operational.

Thanks for bearing with me.

Best regards.

-Ray

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

MediaSentry's statements in Michigan administrative case contradicted by prior statements in UMG v. Lindor

You may recall that several days ago we posted some correspondence between MediaSentry's lawyer and Michigan's Department of Labor and Economic Growth, in connection with administrative proceedings in Michigan over MediaSentry's being engaged in investigation without a license.

MediaSentry's lawyer replied that

SafeNet's activities fall squarely within the 1989 Opinion of the Michigan Attorney General, Frank J. Kelly, which excepts persons who are providing testimony in a lawsuit based on factual information gathered by application of technical knowledge. See 1989-1990 Mich. Op. Atty. Gen. . 263 1989 WL 445979 (Mich.A.G.) (the "Opinion"). The Opinion expressly cites the example of a chemical engineer who took photographs of, and samples from, the scene of a fire and from them prepared exhibits for use in Court. See id. The Opinion also included physicians, geologists and surveyors in the category of those who ought to enjoy the exception. SafeNet utilizes technical expertise in gathering factual evidence for use in just the same way as those other professionals, and thus enjoys the same exception. (Italics supplied)

Just for the heck of it we dug up some of their statements, and the RIAA's statements, from UMG v. Lindor, directly contradicting those representations, and representing to the Lindor court the exact opposite: saying that MediaSentry didn't rely on its technical expertise at all, but was just doing what any other Kazaa user does:

Excerpts from 3 documents in UMG v. Lindor denying that MediaSentry relied on its technical expertise.

[Ed. note. These people will say ANYTHING. Now let's hope that the Lindor court finds out about what they've been saying in Michigan, and the Michigan authorities find out what they've been saying in Brooklyn. -R.B.]

Commentary & discussion:

p2pnet.net
Slashdot
Afterdawn.com
Fudzilla
All Things News

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

To contribute to Marie Lindor's legal defense, see below.

The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.

Today's Duluth News Tribune devotes full page to Capitol v. Thomas, terms Judge Davis decision "admirable" and "extraordinary"

The Duluth News Tribune has devoted the entire front page of today's Metro Section to the new proceedings in Capitol v. Thomas, and will publish the content on its website tomorrow, DuluthNewsTribune.com.

The paper's coverage terms Judge Davis's May 15th decision both "extraordinary" and "admirable", and points out what none of the briefs have pointed out -- that the Atlantic v. Howell decision upon which the RIAA was relying during the trial had been vacated five days before the trial, not months after the trial as Judge Davis had assumed. The News Tribune also features commentary by the RIAA's spokesperson Cara Duckworth, by the undersigned, and by Jammie Thomas herself.

Due to the widespread public interest in this case, the News Tribune has kindly granted us permission to host a copy of the article:

Northland Forum, Duluth News Tribune, July 6, 2008, Section B, Page 1 (PDF).

As promised, here are the Duluth News Tribune links (unfortunately, they require you to register):

Main editorial:
http://www.duluthnewstribune.com/articles/index.cfm?id=69881§ion;=opinion

Jammie Thomas:
http://www.duluthnewstribune.com/articles/index.cfm?id=69878§ion;=Opinion

Ray Beckerman:
http://www.duluthnewstribune.com/articles/index.cfm?id=69880§ion;=Opinion

Cara Duckworth:
http://www.duluthnewstribune.com/articles/index.cfm?id=69879§ion;=Opinion

Commentary & discussion:

Stephen's Web

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Michigan agency investigates MediaSentry, MediaSentry responds

In Michigan, where a complaint has been filed against MediaSentry for its unlicensed investigations, the agency regulating investigators has written to MediaSentry, and MediaSentry has responded.

We recently obtained copies of the correspondence.

February 22, 2008, and March 31, 2008, correspondence

Commentary & discussion:

Afterdawn.com

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

RICO and Abuse of Process Case, Chan v. Priority, commenced in Michigan last year, now dismissed

We have just learned that Candy Chan, the mother who had been improperly sued by the RIAA in Michigan four years ago, in Priority v. Chan, and whose 15 year old daughter was subsequently sued for alleged acts of copyright infringement committed while she would have been 13 years old, brought an action in state court in Michigan last year against Priority Records and several of its cohorts for abuse of process and RICO violations.

The action was removed to federal court, assigned to the same judge who had presided over the initial action, and dismissed in June on the ground that the allegations were "compulsory counterclaims" that were required to have been interposed in the initial action.

Complaint
June 18, 2008, Decision dismissing complaint

Commentary & discussion:

p2pnet.net

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Ms. Lindor opposes RIAA attempt to voluntarily dismiss "without prejudice"

In UMG v. Lindor, Ms. Lindor has responded to the RIAA's letter requesting a pre-motion conference for a motion they intend to make seeking (a) voluntary dismissal of their case "without prejudice"; (b) "discovery sanctions"; and (c) a stay of all proceedings.

July 4, 2008, Letter of Ray Beckerman to Hon. Robert M. Levy (re plaintiffs' motion for dismissal without prejudice, 'discovery sanctions', and a stay
Exhibt A-Jacobson testimony
Exhibit B-Capitol v. Foster
Exhibit C-Atlantic v. Andersen

Commentary & discussion:

Slashdot
p2pnet.net
Slyck
Afterdawn.com
Tweakers.net (Dutch)

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

To contribute to Marie Lindor's legal defense, see below.

The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.

North Carolina court to take a "fresh look" at the NC State "John Doe" cases, issues stay of subpoena to NC State in Elektra v. Doe

In the Eastern District of North Carolina, in Elektra v. Does, the Raleigh, North Carolina, case targeting NC State students, District Judge Louise W. Flanagan has issued a ruling indicating that she is going to take a "fresh look" at the RIAA's John Doe cases, and has stayed the subpoena which the RIAA served upon the university.

The ruling came in response to two John Does' motions to dismiss the complaint, strike the Carlos Linares declaration, and quash the subpoena.

Judge Flanagan held as follows:

Plaintiffs have filed nearly identical complaints against this defendant, and others named as defendants in the prior pending action, and many of these actions have been assigned now to me. In this case, and one other, bearing court file number 5:08-CY-116, defendant has moved to dismiss, to strike plaintiffs' affidavit,to quash subpoena,and to stay enforcement of the subpoena addressed to North Carolina State University.

In furtherance of dismissal, defendant in court file number 5:08-CY-115 seeks the court where plaintiffs' agent is asserted to have engaged in criminal activity, to strike "the second-hand [Carlos] Linares Declaration and Plaintiffs Exhibit 1 that it supports," and, where "[t]he remaining bare allegations are not enough to survive the Twombley standard," to dismiss the action. Similar argument is offered in court file number 5:08-CY-116. Urging First Amendment anonymity interests, defendant in each case seeks for the court to quash the subpoena at issue. In the interim, prior to decision on the motions, defendant in each case seeks the court to relieve North Carolina State University of any responsibility to respond to the subpoena.

In all cases before this court, the undersigned has allowed plaintiffs' expedited motion for discovery. Several of the cases assigned to me, all originating out of the prior pending action, recently have been closed upon voluntary dismissal.

For good cause shown, the motion to stay enforcement of subpoena addressed to North Carolina State University, served upon David Drooz, Associate General Counsel, is ALLOWED pending decision on remaining motions.

While motion to dismiss was raised on behalf of defendants denominated as Does #1,#18, #19, #26, #31, #33, #35, and #38, and denied, it is unclear whether defendant in either court file number 5:08-CY-115 or court file number 5:08-CY-116, were among those Does in the prior action, and, moreover, the basis for dismissal pursuant to Rule 12 is argued in these cases on grounds not fully raised in court file number 5:07-CY-298. Accordingly, a fresh look at the arguments in support of and in opposition to the motion to dismiss before the court,and attendant motionto strike, is called for. The court refers pretrial motions pending in this case to Magistrate Judge James E. Gates, for decision on the motion to quash and for memorandum and recommendation on the motion to dismiss and attendant motion to strike.

July 2, 2008, Order staying discovery and referring motions to dismiss, strike, and quash to Magistrate Judge
Brief in support of motion
Affidavit in support of motion

Commentary & discussion:

p2pnet.net
Slashdot
Ars Technica
Technician
Boycott-RIAA.com

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Discovery rulings in Viacom v. YouTube

In Viacom v. YouTube, the Court has issued a 25-page decision partially granting and partially denying the plaintiffs' motion to compel production of data from YouTube.

The court ruled that:

1. Google does not have to turn over its search source code;
2. Google does not have to turn over its Video ID source code;
3. Google does have to turn over all deleted videos;
4. Google does have to turn over its entire logging database related to videos;
5. Google does not have turn over its database information about its entire universe of videos, but does have turn it over as to the removed videos and the active videos which plaintiffs claim are infringing.
6. Google (a) does not have to turn over its advertising "schema", or electronic index which shows how its data is organized for advertising purposes, but does have to turn over its advertising-related YouTube data, and (b) does have to turn over the "schema" for the Google Video site.
7. Google does not have to turn over videos which were marked "private" but does have to turn over all of the non-content data about the usage of those videos.

July 2, 2008, Decision ruling on discovery issues

[Ed. note. In addition to its usual great commentary and dialogue, the super Groklaw web site also has a helpful, non-pdf, version of the order to read, and some of the underlying legal documents, here. -R.B.]

Commentary & discussion:

Wired
Slashdot
Heise Online (German)
p2pnet.net
p2pnet.net
Groklaw
Electronic Frontier Foundation
MSNBC

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

EMI sues Video Egg in New York City

A new copyright infringement case has been commenced in New York, by EMI and its affiliates, against Video Egg. The name of the case is Capitol v. Video Egg, and the docket number is 08-5831, in the Southern District of New York.

[Ed. note. I initially misreported this as a suit by the "RIAA", because I thought several of the "Big 4" had colluded. Upon being advised to the contrary by one of our astute regular readers, and after researching it, I came to realize that all of the plaintiff companies are EMI affiliates. -R.B.]

Complaint

Commentary & discussion:

p2pnet.net
Ars Technica

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Parties file their briefs in Capitol v. Thomas

In Capitol v. Thomas, the plaintiffs and the defendant have filed their briefs in response to Judge Davis's May 15th order.

The US Department of Justice took no position on the issue.

[Ed. note. I hope the answer to the following question is "yes": Has a single one of the briefs that's been filed on behalf of Jammie Thomas pointed out to the Judge that Atlantic v. Howell had been vacated a week BEFORE her trial?]

[Ed. note. Another odd thing about the brief Mr. Toder submitted on behalf of Ms. Thomas is that it states that the Judge, in his May 15, 2008, decision, brought the April 29, 2008, decision in Atlantic v. Howell to the attention of the parties. What is that about? The RIAA lawyers knew on September 27, 2007, about the September 27, 2007, decision, and they knew on April 29, 2008, about the April 29, 2008, decision.]

Defendant's brief in support of new trial
Plaintiffs' brief opposing new trial
Notice from US DOJ that it takes no position
May 15, 2008, Order indicating possible manifest error of law
September 27, 2007, Order Granting Reconsideration and Vacating August 20, 2007, Order in Atlantic v. Howell

Commentary & discussion:

Wired.com
LA Times
p2pnet.net (Digest of Capitol v. Thomas stories)
Ars Technica
Online Media Daily
AzOz

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

A note about possible problems with *pdf documents hosted by ILRWeb

The folks at Internet Law & Regulation, who for the past several years have been hosting the majority of the litigation documents to which this site links, are conducting some work on their servers. As such, we are experiencing technical difficulties with those *pdf files which are at ilrweb.com.
Until this problem is resolved, I am (a) uploading the new documents as they come in to my law firm web site where they can be reached at the link provided, (b) migrating selected older "ilrweb" documents to that site, and (c) migrating any documents requested by my readers. A list of links on my law firm web site, alphabetical by file name, is here. For the migrated copies which have "ilrweb" URL's, just replace

www.ilrweb.com/
viewILRPDF.asp?filename=withbeckermanlegal.com/Documents/and add .pdf to the end of the file name, and you'll have a working link to the document. For example, this should be changed to this. If you would like to see documents which haven't been uploaded to beckermanlegal.com yet, please email me your request and I will get them there. No anonymous requests will he accepted. Thanks. -R.B.

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Scholarly article on "making available"

Wired.com is hosting a scholarly article on the "making available" issue, entitled "Future Shock and the Copyright Act of 1976: Is Merely Making a Copyrighted Work Available for Digital Transmission a Violation of § 106(3)? (pdf), by Draeke Weseman, a third-year law student at William Mitchell College of Law, in Minnesota.

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

$107,834 attorneys fee award in Atlantic v. Andersen affirmed by District Judge

In Atlantic v. Andersen, the District Judge has rejected the objections of both sides, and adopted the Magistrate Judge's report and recommendation awarding Tanya Andersen $107,834 in attorneys fees and disbursements.

June 24, 2008, order adopting Magistrate's report awarding defendant $107,834 in attorneys fees and disbursements

Commentary & discussion:

p2pnet.net
Wired
Ars Technica
G4 TV
Afterdawn.com
Digital Media Wire
The Industry Standard

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Summary judgment motion briefing schedule set in Arista v. LimeWire

In Arista v. LimeWire, a briefing schedule has been set by the Court for upcoming summary judgment motions. Motions are to be filed by July 18th, and briefing is required to be completed by October 8th.

June 23, 2008, scheduling order for dispositive motions

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property