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21 Oct, 2008 1:03 pm
In Lava Records v. Amurao, the appeal pending in the U.S. Court of Appeals for the Second Circuit
over whether defendants should be awarded attorneys fees in cases where the RIAA "throws in the towel", Mr. Amurao has filed his reply ... the person who has them liable as either a
contributory or vicarious infringer, anymore than does owning a copying machine or a video cassette recorder. See Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 U.S.
913 (2005) at 930..... The brief continued: The ...
3 Jun 7:24 am
The appellate argument in Lava Records v. Amurao, which had been scheduled for May 19th, but was
adjourned without date because one of the RIAA lawyers claimed to have a trial that was commencing May 18th, is now awaiting rescheduling. ... whether his previous claim of having a May
18th trial was true or not. We are unaware of any such trial. Lava v. Amurao is the "throwing in the towel" attorneys fees appeal. June 1,
2009, letter of Timothy Reynolds indicating periods ...
10 Apr 12:16 pm
The appeal from the lower court's denial of defendant's attorneys fees in Lava Records v. Amurao, a
"throwing in the towel" case -- where the RIAA sued the father without any reason to think he had committed copyright infringement and then voluntarily dismissed the case to pursue his
daughter -- is scheduled to be argued Tuesday, May 19, 2009, at 2:00 P.M. The argument will be held at the Federal Courthouse, 500 Pearl ...
15 Apr 11:54 am
In Lava Records v. Amurao II, the RIAA's case against Rolando Amurao's daughter, the RIAA has moved
for summary judgment. Defendant's response is due April 30th. Plaintiffs' memorandum of law in support of motion for summary judgment *-->* Document published online at Internet Law
& Regulation--> Commentary & discussion: p2pnet.net Copyrights and Campaigns --> -->--> Keywords: lawyer digital copyright law online internet law legal download
upload peer to peer p2p ...
15 Apr 5:54 am
The RIAA lawyers are seeking an adjournment of the appellate argument scheduled to be conducted on May 19th at 2:00 PM in Manhattan in Lava
Records v. Amurao, an appeal regarding an innocent defendant's right to attorneys fees. The reason given for the request is that Timothy
Reynolds has a trial scheduled to start May 18th in another case. The papers (a) do not mention which case is scheduled for trial ...
22 Apr 8:12 am
In Lava Records v. Amurao, the 'throwing-in-the-towel' attorneys fees appeal, the US Court of Appeals
for the Second Circuit has granted the RIAA's motion for an adjournment of the appellate argument from its May 19th 2:00 PM date. The order did not specify the adjourned date, but a
docket entry stated that the argument could be "as early as week of 6/22/09". Order granting RIAA request for adjournment *-->* Document published online at Internet Law &
Regulation-->Commentary & ...
27 Jun 11:28 am
In Lava Records v. Amurao II, the RIAA's case against Rolando Amurao's daughter Audrey, the defendant
has moved for summary judgment dismissing the complaint, on the basis of the statute of limitations, the insufficiency of the plaintiffs' moving papers, the legal insufficiency of the
RIAA's case for "making available", and unconstitutionality of the RIAA's "statutory damages" theory. Defendant's memorandum of law in support of defendant's motion for summary judgment
*-->* Document ...
2 Apr 5:33 am
We have been advised that the appeal in Lava Records v. Amurao is likely to be argued during the week
of May 18th. This is the case, to be argued by Richard A. Altman, in which the Second Circuit will establish the principles to be ... the Second Circuit in awarding attorneys fees to
defendants in the RIAA's "throwing in the towel" cases -- i.e., the cases in which the record companies sued the wrong person, and then subsequently dismissed the case
voluntarily. For more precise calendar information ...
15 Feb, 2007 4:20 am
A new contested case has been brought in White Plains, Lava Records v. Rolando Amurao. Here is a copy
of the defendant's answer and counterclaims: Answer and Counterclaims* Mr. Amurao is represented by Richard A. Altman, of New York, New York. * Document published online at Internet Law
& RegulationCommentary & discussion: [] Table of Cases--> --> Keywords: digital copyright online download upload peer to peer p2p file ...
19 Aug 11:57 am
In the RIAA's case against Rolando Amurao's daughter, Audrey Amurao, Lava Records v. Amurao II, the
RIAA has filed its reply papers, supporting its motion for summary judgment and opposing Ms. Amurao's cross-motion for summary judgment. Plaintiffs' Reply Memorandum in connection with
summary judgment motions * Document published online at Internet Law & Regulation-->Commentary & discussion: []-->--> --> ...
13 Sep 2:47 am
Rolando Amurao's appeal from a lower court order denying his motion for attorneys fees in Lava Records v. Amurao, is scheduled to be argued before the US Court of Appeals for the Second Circuit, on Wednesday, September 23rd, on the Court's 10:00 a.m.
calendar (pdf). The appeal was initially scheduled to be argued on May 19th, but was adjourned at the RIAA's request. [Ed. note. The case presents a ...
28 Sep 12:51 pm
I attended the argument of the appeal in Lava Records v. Amurao on September 23rd. The Court reserved
decision. During the appellant's initial argument, and the appellees' opposing argument, the questions of the judges focused on the specific facts of the case, primarily (a) a letter
Mr. Amurao had sent prior to the lawsuit incorrectly indicating that "we" had engaged in file sharing, even though he himself had never engaged in it, and (b) Mr. Amurao ...
16 Nov 4:30 am
In Lava Records v. Amurao, the appeal by Rolando Amurao from a lower court order denying his
attorneys fee motion, the Second Circuit has affirmed the order of the lower court by a "summary order" (an order having no precedential effect). The Court relied in part upon Amurao's
pre-suit written admission to the plaintiffs that "[w]e downloaded the songs [in question] through a program called Lime Wire," Amurao's subsequent less-than-candid responses to
plaintiffs' discovery requests, and ...
16 Sep, 2008 1:00 pm
... defendant had numerous other possible defenses: In other similar cases brought by these Plaintiffs and other record labels,individual defendants have raised a host of
colorable defenses; but due to the varying procedural ... Pub. Pol'y 601, 637 (2005); FN2 and (2) whether the Plaintiffs and their recording industry peers, by bringing
infringement suits like this one, have engaged in anticompetitive behavior constituting copyright misuse, see Lava Records LLC v. Amurao, No. 07-321 (S.D.N.Y. Jan. 16 ...
10 Apr, 2007 9:15 am
In Lava v. Amurao, where Mr. Amurao has counterclaimed against the record companies for copyright misuse and for a declaratory judgment
of non-infringement, and the RIAA has moved to dismiss the counterclaims, the Electronic ... papers filed by Mr. Amurao's lawyer. The EFF argued as follows: ...this lawsuit is but one
skirmish in the broader war the Recording Industry Association of America ("RIAA") is waging against unauthorized Internet copying. Using questionable methods and suspect
evidence, the ...
19 Apr, 2007 9:21 am
In Lava v. Amurao, the RIAA has opposed the motion made by the Electronic Frontier Foundation for permission to file an amicus brief. Among
other things, the RIAA argued that Ray Beckerman, who had acted as local counsel in filing the EFF's motion, publishes "Recording Industry vs. The People", which, the RIAA said,
had accused the Plaintiffs of acting as "a cartel of multinational corporations [that] collude to absuse our ...
30 Mar 1:07 pm
In Arista Records v. Does 1-16, the case targeting 16 students at the State University of New York in Albany, "Doe Number 3" has filed his
reply memorandum, in further support of his or her motion for a stay pending appeal, ... profession. To you law students and young lawyers out there, take a look at the briefs and other
legal documents of Richard A. Altman in such cases as Lava v. Amurao, Lava v. Amurao II, Arista v.
Does 1-16, Interscope v. Kimmel, and UMG v. Lindor; this is what lawyering is all ...
23 May, 2007 3:24 am
In Lava v. Amurao, pending in the Southern District of New York, in White Plains, Judge Charles L. Brieant has entered an order denying the
RIAA's motion to dismiss counterclaims for (a) declaratory ... the plaintiffs to forfeit their copyrights in the songs which form the basis for their suit, on the ground that they are
"competitors in the business of recorded music.....[and] are a cartel acting collusively in violation of the antitrust laws and public policy, by litigating and settling all
cases ...
29 Jan, 2008 6:57 am
A number of motions were filed on January 28th, by both parties, in Lava v. Amurao, pending in White Plains, New York, before Judge Brieant.
First and foremost, the RIAA has moved to voluntarily ... : By defendant: --to exclude MediaSentry testimony on ground of illegality; --to take deposition of Matthew Oppenheim; and --to
compel discovery into the record companies expenses per download. By plaintiffs: --for discovery sanctions against Mr. Amurao; and --for summary judgment dismissing copyright ...
23 Oct, 2007 4:56 am
... a misstatement to Magistrate Fox when they said Judge Brieant had arrived at his conclusion in Lava v. Amurao without any analysis, the
RIAA's attorneys have written a letter taking the position that Judge Brieant's remarks on the record as to the reasons for his decision did not qualify as "analysis". In another
development, Magistrate Fox issued an order setting the procedures for determination of discovery disputes. October ...
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