Copyright Law

Briefing deadlines extended, and oral argument date adjourned, in Capitol v. Thomas

By Ty Rogers and Ray Beckerman

In Capitol v. Thomas, the Court has adjourned the briefing schedules for the determination of whether it had committed a "manifest error of law" when it accepted the RIAA's proposed jury instruction that merely "making available" constituted an infringement of the distribution right and overlooked the controlling Eighth Circuit case, National Car Rental System v. Computer Associates, which had held that there can be no infringement of the 17 USC 106(3) "distribution right" without actual dissemination of copies or phonorecords.

The new schedules are:

For the plaintiffs and defendant:

Briefs due June 23rd, at noon.
"Reply" briefs due June 30th, at noon.
Oral argument: Monday, August 4, 2008, 10:00 A.M., Federal courthouse, Duluth, MN

For amicus curiae:

Amicus curiae briefs, and motions for permission to file, due June 13th, at noon.
Opposition to any motion for leave to file amicus curiae brief due June 17th, at noon.

May 20, 2008, Order enlarging time periods for briefing schedule*
May 20, 2008, Order establishing procedures and schedule for briefing by amicus curiae*

* Document published online at Internet Law & Regulation

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Full post as published by Recording Industry vs The People on May 20, 2008 (boomark / email).