Search for: "John Doe (CD)"
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11 Jul 2018, 2:18 am
The Court considered the principle that whenever a statutory section creates a criminal offence but does not refer to the offender’s mens rea, there is a presumption that to give effect to the will of Parliament, the court must read in words requiring mens rea. [read post]
27 Jun 2009, 11:22 am
Does 1-16, the RIAA has filed its Appellees' Brief in the US Court of Appeals for the Second Circuit.The "John Doe" proceeding in the court below has been stayed pending the determination of the appeal.Appellees' Brief*-->* Document published online at Internet Law & Regulation-->Commentary & discussion:[]-->--> -->-->Keywords: lawyer digital copyright law online internet law legal download… [read post]
23 Aug 2007, 8:43 am
Does 1-33, the RIAA's attempt to obtain the identities of students at the University of Tennessee, Knoxville, "John Doe #28", a student at the University, has made a motion to quash the subpoena which has been served.According to the News Sentinel, this is the first attempt to attack the challenge to the RIAA's discovery proceedings in Knoxville.Knoxville News Sentinel articleLitigation documents:Motion to Quash*Memorandum of Law in Support of Motion to… [read post]
30 Apr 2010, 2:03 pm
Does 1-16, the US Court of Appeals for the Second Circuit has affirmed the orders of the lower court denying a motion to quash.The appeals court held that the order was appealable, but rejected John Doe #3's arguments that :-the district court was without authority to refer the motion to the Magistrate Judge;-the complaint failed to state a claim for copyright infringement; -the "fair use" defense barred plaintiffs' case; and-the papers submitted in… [read post]
30 Jun 2009, 5:58 am
"The Plaintiffs' Motion to Exclude Defendant's Expert John Perry Barlow [855] is GRANTED. [read post]
8 Nov 2007, 5:40 am
A new "John Doe" case named Arista v. [read post]
14 Aug 2007, 10:09 am
(Williams, Carrie)However, the language of the order seems to say that responses are only stayed as to John Does #21 and #37. [read post]
14 Feb 2008, 2:37 am
As regular readers of this blog know, Magistrate Judge Margaret Kravchuk of the District of Maine has recently excoriated the RIAA for improper joinder of defendants in the "John Doe" cases, suggesting Rule 11 sanctions.We have learned of a California case, SONY v. [read post]
28 Nov 2008, 4:46 pm
Does 1-9, a Pittsburgh, Pennsylvania, case targeting Carnegie Mellon students, in which a student -- appearing pro se -- succeeded in challenging the misjoinder of John Does, but failed to get dismissal of the complaint or quashing of the subpoena, the Magistrate Judge's ruling has now been affirmed by the District Court Judge.The appeal has been pending for approximately one year.November 28, 2008, Order Affirming Rulings of Magistrate Judge*-->* Document… [read post]
25 Nov 2008, 9:08 pm
Interestingly, it occurred in an undefended case, where no "John Doe" appeared. [read post]
16 Nov 2007, 10:47 am
Does 1-11 (Cleveland), the case against Case Western Reserve University students, the "John Doe" students have filed their reply papers responding to the RIAA's opposition papers, in further support of the students' motion to quash.Reply Papers in Support of Motion to Vacate and Quash** Document published online at Internet Law & RegulationCommentary & discussion:[]-->--> -->[][][][]-->Keywords: digital… [read post]
15 May 2008, 4:55 am
In the second "John Doe" case, targeting University of Maine students, Atlantic v. [read post]
16 Oct 2007, 10:27 am
Seven (7) North Carolina State University students named as "John Does" have joined together, in LaFace v. [read post]
7 Nov 2007, 2:19 am
Google, a New York court has reaffirmed the principle that "John Doe" identity information cannot be disclosed absent:-prior notice to the anonymous person;-affording the anonymous person an opportunity to be heard in opposition to the application; and-an evidentiary showing of a prima facie case against the anonymous person.Application of this principle to the RIAA cases would defeat all of the RIAA's ex parte discovery applications.October 23, 2007, Decision of… [read post]
4 Jul 2008, 1:26 pm
The ruling came in response to two John Does' motions to dismiss the complaint, strike the Carlos Linares declaration, and quash the subpoena. [read post]
22 Aug 2008, 6:20 pm
We have learned, from court papers filed in a Michigan "John Doe" case, LaFace v. [read post]
12 Apr 2011, 7:30 am
In college, do-it-yourself shelving from Target was the answer to my growing CD and book collections. [read post]
17 May 2008, 6:04 am
Does 1-21 (renamed London-Sire v. [read post]
8 May 2008, 9:04 am
Does 1-5, the case targeting 5 students at Northern Michigan University, the RIAA has filed opposition to the "supplementary motion to quash" made by the pro se litigant, John Doe #5.RIAA response to "supplementary motion to quash"** Document published online at Internet Law & RegulationCommentary & discussion:[]-->-->--> -->-->[][][][]-->Keywords: digital copyright law online internet law legal… [read post]
12 Jul 2006, 5:12 am
" Noting that CDS includes a disclaimer on its website stating that it does business under its mark only in the seven identified states, the Board ruled that the specific record evidence "does not require us to find that there is a likelihood of confusion. [read post]
