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10 Jun 6:51 am
... , Sony BMG Music Entertainment, Capitol Records, Inc,
Interscope Records, Arista Records LLC, 310 MOTION to Dismiss for Lack of Jurisdiction filed by
Jammie Thomas-Rasset, 283 MOTION in Limine to Preclude Fair Use Defense filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, ... 284 MOTION in 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, ...
8 Jan 8:30 am
In Capitol Records v. MP3Tunes.com, Inc., EMI has filed its
reply papers responding to MP3Tune's opposition papers, in further support of its motion to dismiss counterclaims, and for an order staying discovery into the subjects of the
counterclaims. Plaintiffs' Reply Memorandum of Law *-->* Document published online at Internet Law & Regulation-->Commentary & discussion: []-->--> -->-->
Keywords: lawyer digital copyright law online internet law legal ...
28 Jan 2:41 am
Oral argument of EMI's motion to dismiss counterclaims in Capitol Records v. MP3Tunes.com,
Inc. took place on January 16, 2009. EMI argued that since MP3Tunes did not comply with the DMCA notices it contends were improper, it
sustained no damages. The argument started off with the following exchange: THE COURT: Do you agree that if the plaintiffs distribute music for free on the Internet, your client
distributes music for free on ...
8 Jun 7:03 am
In Capitol Records v. Thomas-Rasset, the RIAA's motion to preclude defendant from objecting to
copyright registrations was denied. Judge Michael J. Davis held as follows: The Court's Order granting a new trial in this matter granted an entirely ... to sources whose accuracy
cannot reasonably be questioned."); Int'l Star Class Yacht Racing Ass'n v. Tommy Hilfiger U.S.A., Inc., 146 F.3d 66, 70 (2d Cir. 1998)
("Because the effect of judicial notice is to deprive a party of the opportunity ...
15 Apr, 2008 9:14 am
... . Brazil Cause: 17:501 Copyright Infringement Filed: March 27, 2008 Elektra Entertainment Group Inc. et al v. Doe Assigned to: Hon. Jeremy
Fogel Referred to: Magistrate Judge Howard R. ... 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: 17:501 Copyright Infringement Filed: March 27, 2008 Capitol Records, Inc et al v. John Doe Assigned to: Magistrate Judge Elizabeth D. Laporte ...
24 Apr, 2007 3:22 am
... Its cursory research has, however, uncovered a number of unpublished cases where courts granted record company plaintiffs, including several of the plaintiffs herein, awards
of attorneys' fees without so much as a passing mention of Fogerty or its factors. See e.g, Capitol Records, Inc. v. Lyons, 2004 WL 1732324 (N.D. Tex.); Elektra ... artistic creativity for the general public good."
..... We reiterated this theme in Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 349-350 ...
19 Jan, 2007 9:01 am
... ' claims. U.S. District Judge Deborah A. Batts made the finding in a case brought by Atlantic Recording Corp., BMG Music, Capitol
Records Inc. and other music distribution companies against the licensed satellite radio broadcaster.
In a lawsuit ... much like a traditional radio-cassette player, the judge said ''it is not.'' ''It is manifestly apparent that the use of a radio-cassette player to record songs
played over free radio does not threaten the market for copyrighted works as does the use of ...
30 Apr, 2008 1:12 pm
... suit over a two-year period. Plaintiffs Atlantic Recording Corp., Priority Records LLC, Capitol Records Inc., UMG Recordings Inc., and BMG Music accused Tanya Andersen of sharing more than 1,000 music files from her computer via the peer-to-per file sharing network ... any
copyrights and attempted to depose Andersen's 10-year-old daughter. Eventually, the record companies stipulated to a dismissal of the case with prejudice. Andersen thereafter
moved to recover attorney's fees. The ...
7 Jun, 2007 8:05 am
... who said she was innocent of their claims she downloaded more than 1,400 songs without authorization. After more than two years of legal action, the members of the Recording
Industry Association of America (RIAA) -- Atlantic Recording Corp., Capitol Records
Inc., UMG Recordings Inc. and BMG Music -- dropped their claim that Tanya Andersen of
Portland, Ore., had downloaded the music, court documents filed on June 1 show. Read the article: CBC
16 Jan 5:13 am
An interesting issue about music distribution over P2P networks is working its way to the Eighth Circuit. See Capitol Records, Inc. v. Thomas, 2008 U.S. Dist. LEXIS 106225 (D. Minn. Dec. 23, 2008). This case appeared to be a routine
copyright infringement case. Plaintiffs sued defendant for downloading and distributing 24 songs over Kazaa. The jury awarded statutory damages of $9, ...
22 Oct, 2008 4:52 pm
... and continues to use, an online media distribution system to download and/or distribute certain of the Copyrighted Recordings...Through his or her continuous and ongoing acts
of downloading and/or distributing to the public ... S. Ct. 1955, 167 L. Ed. 2d 929 (2007). See ATSI Communs., Inc. v. Shaar Fund, Ltd., 493
F.3d 87, 98 (2d Cir. 2007): ... Second, the Thomas decision (and many others as well), which plaintiffs completely ignore (Capitol
Records v. Thomas, No. 06-1497 (D.Minn. Sept. 24, 2008); Does ...
16 Jul, 2007 12:40 pm
... in Capitol v. Foster, Calls Plaintiffs' Counsel "Disingenuous", Motives "Questionable" -In Capitol v. Foster, Court Directs RIAA to Turn Over Attorney Billing Records to Ms. Foster's Lawyer, Rules that
Documents Are Confidential -Judge Grants ... Log QuizLaw Digg Digg (Ars Technica report on story) C/Net Japan (Japanese) AfterDawn.com Defective By Design, Inc. Hollywood Reporter ESQ MP3.com CrunchGear Slashdot It!--> [] [] [] [] --> Keywords: digital copyright online law legal download upload ...
14 Feb, 2008 2:37 am
... are not being litigated, and instead, the federal judiciary is being used as a hammer by [the record companies] to pound settlements out of unrepresented defendants." Elektra
Entm't Group, Inc. v. [O']Brien, No. CV 06-5289, at 2 ... RIAA motion for reconsideration of order dismissing as to Does 2-5 for improper
joinder* Order dismissing as to plaintiffs Atlantic, Capitol, Elektra, Arista, Priority, and Maverick, for improper joinder of plaintiffs* *
Document published online at Internet Law & ...
28 Nov, 2007 11:09 am
... 9250-per-song-file jury verdict, totalling $222,000 for 24 song files, in Capitol v. Thomas, underscores the importance of defendant's
establishing the plaintiffs' actual damages, which ... Co., 331 F.3d 13, 22 (2d Cir. 2003); In re Napster Inc., 2005 WL 1287611 at 10-11, 77
U.S.P.Q. 2d ... , seeking a listing of "all expenses" plaintiffs incurred in connection with the thirty-eight song recordings at issue in this litigation. She seeks this
information in support of her Ninth Affirmative Defense, which ...
15 Oct, 2008 12:40 pm
... Late last month there was an interesting development in a civil suit against an alleged file-sharer. The case is Capitol Records, Inc. v. Thomas, 2008 WL 4405282 (U.S. District Court for the District of Minnesota, ... . v. Thomas, supra.
The court then considered whether it erred in the instruction it gave the jury on the issue of "distributing" the recordings. "The Copyright Act provides that `the owner of
copyright . . . has the exclusive rights to . . . distribute copies . . . of the copyrighted ...
18 Jan, 2008 3:01 am
... al filed 06/07/07 1:07-cv-03248 Goss International Americas, Inc. v. A-American Machine & Assembly Co. filed 06/08/07 1:07- ... v.
Bolon filed 07/10/07 1:07-cv-03864 Capitol Records, Inc. et
al v. Maciejewska filed 07/10/07 closed 08/20 ... 1:07-cv-06752 Compliance Software Solutions, Corporation v. Moda Technology Partners, Inc. et
al filed 11/30/07 1:07-cv-06843 Gottlieb et ... 07 1:07-cv-07043 Cornerstone Architects, Ltd. v. Lakeland Development Group, Inc. et al filed
12/14/07 1:07-cv-07055 American ...
13 May, 2008 6:53 am
... have filed an amended Rule 7.1 corporate disclosure statement. A very bizarre item is the claim that Capitol Records, Inc., has changed its name to Capitol Records, LLC., which, as the lawyers among you know, is impossible. Obviously some other transaction(s ... amend the caption of the case, and provide
discovery about the assignments of copyrights. There are other changes involving (a) the parent company for Capitol, (b) Virgin, (c) SONY BMG,
and (d) Arista. Any thoughts? -R.B. Original Rule 7.1 ...
18 Nov, 2007 9:08 pm
... revision process that culminated in the enactment of the 1909 copyright act, the manufacturers of phonographs and phonograph records nearly
derailed the entire effort until they were satisfied with the statute's ... CV-2103 (S.D.N.Y. filed March 13, 2007); Capitol Records, Inc. v. Thomas, No. 06-CV-1497 (D. Minn. 2007). ... the Information Infrastructure (Nov. 18, 1993),
(testimony of Gary J. Shapiro, Home Recording Rights Coalition); id. (testimony of Ronald J. Palensky, Information Technology As'sn of ...
18 Jan, 2008 7:52 am
... cases do not sufficiently allege copyright infringement. Elektra Entm't Group, Inc., etal. v. Denise Barker, No.05-7340 (S.D.N.Y ...
argument held and decision reserved). In the Eastern District of New York, in the case UMG Recordings v. Marie Lindor, a case which involves two of the five Plaintiffs in the
present case ... motion to file second amended answer).......In the Western District of Oklahoma, in the case Capitol Records, Inc, v, Debbie Foster, a case which involved four of the five Plaintiffs ...
2 Oct, 2007 3:52 pm
... 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: September 20, 2007, Court: Arkansas Eastern District Court Virgin Records America Inc, Atlantic Recording Corporation, BMG Music, Capitol Records Inc, Elektra Entertainment Group Inc, ... Arkansas Western District Court Lewis & Clark Outdoors, Inc. has sued L. C. Industries, Inc. for trademark infringment under the Lanham Act, 15 U.S. ...
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