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13 Sep, 2006 6:28 am
... ,000 per infringement. This is an interesting case to watch. It is not clear yet whether Arista argued that the file swapper destroyed evidence or attempted to destroy evidence. The remedy seems ... pay the cost of reconstructing the "deleted" files, which likely amount to less than what Arista now may be seeking. My quick read of the case law on electronic evidence ... case law does not require the result Arista has sought and obtained from the court. Arista Records, LLC, v. Tschirhart, No. 05-372 (W ...
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Cyberspaces Dot Org - www.cyberspaces.org/webzine
26 Aug 2:23 am by David Johnson
... issue, the determining factor is the degree of control that a user exercises over the songs to be played. Arista Records, LLC, et al. v Launch Media, Inc., U.S.C.A., Second Circuit, No. 07-2576-cv. The webcaster at issue was Launch Media, Inc. and ... the amount of influence a member of the public would have on the selection and performance of a particular sound recording." In a footnote, which was revised several times, the Copyright Office also noted that the LAUCHcast service was ...
Digital Media Lawyer Blog - http://www.digitalmedialawyerblog.com/
10 Jun 6:51 am by Ray Beckerman
... Inc, Sony BMG Music Entertainment, Capitol Records, Inc, Interscope Records, Arista Records LLC, 310 MOTION to Dismiss for Lack of Jurisdiction filed by Jammie Thomas- ... Limine to Preclude Defendant from Asserting an Innocent Infringement Defense at Trial filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, Capitol ... Testimony of Defendant's Expert Dr. Yongdae Kim by Plaintiffs filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, Capitol ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
15 Apr, 2008 9:14 am by Mark Smith
... Howard R. Lloyd Cause: 17:501 Copyright Infringement Filed: March 27, 2008 Interscope Records et al v. John Doe Assigned to: Magistrate Judge Bernard Zimmerman Cause: 17:501 ... H. Patel Cause: 17:501 Copyright Infringement Filed: March 27, 2008 Arista Records LLC et al v. Doe Assigned to: Magistrate Judge Joseph C. Spero Cause: ... C. Spero Cause: 17:501 Copyright Infringement Filed: March 27, 2008 Atlantic Recording Corporation et al v. John Doe Assigned to: Magistrate Judge Bernard Zimmerman Cause: ...
Tech LawForum - http://www.techlawforum.net
1 Sep, 2006 6:00 am by Brown Raysman
... a list of copyrighted songs allegedly infringed by the defendant and a list of downloaded sound recordings found on the defendant's computer. Arista Records LLC v. Greubel, No. 4:05-CV-531-Y, 2006 U.S. Dist. LEXIS 67209 (N.D. Tex. Sep. 1, 2006). The court denied the plaintiff's motion to dismiss the complaint or to order the recording company plaintiffs to provide a more definite statement, rejecting the argument that there is a heightened pleading standard applicable to ...
Technology Law Update - http://brownraysman.typepad.com/technology_law_update/
18 Jan, 2008 3:01 am
... 07 1:07-cv-02315 Elexa Consumer Products Inc. v. Creative Concepts International LLC filed 04/26/07 closed 07/18/07 1:07-cv-02360 Click ... Corp. v. Does filed 06/11/07 1:07-cv-03335 Arista Records LLC et al v. Does filed 06/13/07 closed 08/03/07 ... 09/04/07 closed 10/24/07 1:07-cv-04957 Atlantic Recording Corporation et al vs. Napolitano filed 09/04/07 closed 10/15/07 ... 1:07-cv-07055 American Mortgage Consultants Inc., v. Opus Capital Markets Consultants, LLC et al filed 12/14/07 1:07-cv-07288 Johnson v. ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
5 Sep, 2007 2:31 am by Keith Henning
... of Arkansas was chosen as the forum for litigating the following case(s), as published by Justia: Arista Records LLC et al v. Does (pdf), Case Number: 4:2007cv00782, ... , 2007, Court: Arkansas Eastern District Court Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records Inc, Elektra Entertainment Group, Inc., ... Christian Music Group Inc, Interscope Records, Lava Records LLC, Sony BMG Music Entertainment, UMG Recordings Inc, Virgin Records America, Inc., Warner Brothers Records ...
Copywrite - http://copywrite.wordpress.com
10 May 7:42 am by Ray Beckerman
... out there who want to help me with this project, please email me. Thanks): Arista Records LLC et al v. Doe 1 et al SD Iowa 3:08-cv-00115-JEG-CFB Arista Records v Does 1-6 SD Ohio 2:08-cv-00874 ... . Does 1-8 ND Illinois 1:08-cv-05315 Capitol Records v Does 1-48 ED New York 1:08-cv-03626 ... 1-51 D.D.C. 1:08-cv-01569-CKK Motown Record Co v Does 1-2 ND Florida 1:08-cv-00202 ... The above is just a sample. Then I started looking at October. I quickly found: Capitol Records, LLC, et al v. Does 1-4 D Kansas 6:08 ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
12 Feb 2:45 pm
... ? Courts appear to say YES, as long as a litigating party has requested it. In Arista Records LLC v. Usenet.com Inc., 2009 WL 185992 (S.D.N.Y ... data because it is of a transitory nature, and because it serves no business purpose. Arista Records LLC v. Usenet.com Inc., 2009 WL 1851992 (S.D.N.Y ... Usenet.com had willfully failed to preserve data that was subject to a discovery request. Noting that the plaintiff record companies had specifically requested the usage data logs, the court held that Usenet. ...
E-Discovery Bytes - http://ediscovery.quarles.com/
2 Jul 4:24 pm
... the plaintiffs. Defendants were previously sanctioned for spoliation of evidence in the instant litigation (See Arista Records, LLC v. Usenet.com Inc., 2009 WL 185992 (S.D.N.Y. Jan. 26, 2009).) Nonetheless, following the close of discovery, plaintiffs moved for additional ... 2d Cir.1998). When deciding a proper sanction, a court generally must consider, in light of the full record of the case, (a) willfulness or bad faith on the part of the noncompliant party; (b) the history, if any, of ...
Electronic Discovery Law - http://www.ediscoverylaw.com/
2 Oct, 2007 3:52 pm by Keith Henning
... of Arkansas was chosen as the forum for litigating the following case(s), as published by Justia: Virgin Records America Inc et al v. Does, Case Number 4:2007cv00863, Filed: ... , 2007, Court: Arkansas Eastern District Court Virgin Records America Inc, Atlantic Recording Corporation, BMG Music, Capitol Records Inc, Elektra Entertainment Group Inc, ... , Sony BMG Music Entertainment, UMG Recordings Inc, Arista Records LLC, Warner Brothers Records Inc and Zomba Recording LLC have sued multiple Does for ...
Copywrite - http://copywrite.wordpress.com
11 Nov, 2007 2:00 am
... 131 telecoms and technology companies, including Microsoft and Yahoo! Technology Patents LLC v. Deutsche Telekom AG et al, No. 8:2007cv03012, filed Nov. ... Thaler and Lars Liebeler of Thaler Liebeler filed the complaint on behalf of the Plaintiff. Maverick Recording Company et al v. DOES 1-11, No. 1:2007cv03020, ... seeking damages and injunctive relief for alleged copyright infringement. Plaintiffs are Maverick Recording Company, Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol ...
Maryland Intellectual Property Law Blog - http://www.marylandiplaw.com/
24 Aug, 2006 11:00 pm
... District Court for the Western District of Texas has shown little mercy on a defendant accused by record companies of illegal file-sharing. Knowing that a court order was in place requiring her ... destroy all evidence of her illegal P2P file sharing. In response, the plaintiff record companies moved, pursuant to Fed. R. Civ. P. 37(b), for the most ... others considering similar conduct. [Hat tip to Techdirt for posting on this case.] Arista Records, LLC, v. Tschirhart, No. 05-372 (W.D. Tex., August ...
Internet Cases - http://www.internetcases.com/
25 Aug 6:00 am by admin
Arista Records, LLC v. Launch Media, Inc., 2009 WL 2568733 (2d. Cir. 2009) The Second Circuit (Calabresi, Droney, Wesley writing) released a delightfully brief decision on Friday that addressed the ... enables a member of the public to receive a transmission of a program specially created for the recipient, or on request, a transmission of a particular sound recording …, which is selected by or on behalf of the recipient." BMG argued a bright line rule, that "under the DMCA there is no tipping point ...
Ex©lusive Rights - http://www.exclusiverights.net
22 Jun, 2008 1:10 pm by Ray Beckerman
... Magistrate Judge F. Bradford Stillman: Motion Hearing held on 6/20/2008 re 7 MOTION for Reconsideration filed by Atlantic Recording Corporation, Warner Bros. ... America, Inc., Capitol Records, Inc., Interscope Records, BMG Music, UMG Recordings, Inc., Arista Records LLC. Present were Katheryn Coggon and Michael ... finds there is no prejudice in doing so as all of counsels briefs are contained in the record. Court allows a sixty day extension of time for service on the defendants in this matter. Court ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
8 Apr 1:43 pm by Eric
... the answer is no; as a matter of policy, I expect the Supreme Court will say yes. * MDY Industries, LLC v. Blizzard Entertainment, Inc., 2009 WL 223631 (D.Ariz. Jan. 28, 2009). ... only for the "limited" remedy of declaring Apple's copyrights unenforceable). * Capitol Records, Inc. v. MP3tunes, LLC, 2009 WL 637102 (S.D.N.Y. March 4, 2009). ... plaintiffs, arguing why fair use should not apply here (through an expert report...???). * Arista Records LLC v. Usenet.com, Inc., 2009 WL 185992 (S.D.N.Y. Jan. ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
2 May, 2008 1:03 am
... Chief Officer Who Has Been Deposed For Fourteen Hours Has to Do Four More Arista Records LLC v. Lime Group LLC U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Alternative Dispute Resolution Arbitration Clause Covers Disputes Arising From Agreement Without Clause Birmingham Associates Ltd ... Abbott Laboratories U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Employment Pro Se Plaintiff Alleges Sufficient Facts For Sex Discrimination Suit Lopes v. Caffe Centrale LLC
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
22 Jul 3:17 am by Ray Beckerman
... Court previously considered a similar motion to strike in London-Sire Records, Inc. v. Arista Records LLC, Case No. 04-12434, holding that "[n]either ... and it is not encompassed by the Act. The type of IP information transmitted by KazaA and recorded by MediaSentry is accessible to almost anyone with a computer. Even if viewed as an "interception" -- a characterization ... state or federal law. Id.; see also Order on Motions in Limine, Capitol Records Inc. v. Thomas-Rasset, Case No. 06-1497 (D. Minn ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
6 Jul 5:54 pm by Eric
... WSJ: Europe's High Court Tries On a Bunny Suit Made of Chocolate. The EU struggles with trademarkability of chocolate bunnies. * Productive People, LLC v. Ives Design (D. Ariz. May 29, 2009). TRO against a domainer. * Oddee: 10 of the Worst Restaurant Names ever. Copyright * Supreme Court declined certiorari in the Cartoon Network v. CSC case. * Arista Records LLC v. Usenet.com, Inc., 2009 WL 1873589 (S.D.N.Y. June 30, 2009). Usenet service provider committed ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
5 Nov, 2007 6:46 pm by Higher Education
Records Arista Records LLC v. John Does, (D.D.C.) October 29, 2007: Records - The district court would issue, pursuant to a statute authorizing cable operators to disclose certain personally identifiable information, immediate discovery against a university, for purposes of obtaining...
Higher Ed Law Prof Blog - http://lawprofessors.typepad.com/highered/
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