Tuesday, May 08, 2007

RIAA Seeks to Make Motion to Dismiss Counterclaims in Maverick v. Chowdhury

In Maverick v. Chowdhury, in Brooklyn, the RIAA has indicated it intends to make a motion to dismiss Mr. Chowdhury's counterclaims for attorneys fees, a declaratory judgment, antitrust violations, and copyright misuse:

May 7, 2007, Letter of Richard Guida re Motion to Dismiss Counterclaims*
May 8, 2007, Letter of Ray Beckerman re Motion to Dismiss Counterclaims*

* Document published online at Internet Law & Regulation

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

1 comment:

AMD FanBoi said...

Here we go again.

Plaintiffs' investigators found an individual using the LimeWire file sharing program to distribute hundreds of copyrighted soundrecordings to millions of users."

The prove this how? They know that every filename in their list is the copyrighted recording they maintain it is? And that millions of other users were downloading it from this identified user? That guy, whoever it is, must have a hell of an upload pipe to serve millions of users. Oh, wait, they've only identified seven recording for sure. At least they've gone back to calling it a "file sharing program."

After attempting unsuccessfully to resolve this matter with Defendant.

How about, after our non-negotiable extortion failed...

...serve no legitimate purpose and would only waste judicial resources.

Is he talking about the counter-claim -- or all the RIAA suits that they never actually intend to take to court since they'd lose there and they know it?

Plaintiff's actions in this lawsuit are protected by Noerr-Pennington immunity.

Not if it's a sham lawsuit to start with. Something filed to generate fear and press releases, rather than vindication in a court of law.