Copyright Law

In Elektra Entertainment v. Licata, Magistrate grants RIAA motion to withdraw case, denies attorneys fees for defendant. Mr. Licata appeals.

By Ty Rogers and Ray Beckerman

In another "throwing in the towel" case, this one in Cincinnati, Ohio, Elektra v. Licata, the Magistrate Judge has (a) granted the RIAA's motion for voluntary dismissal without prejudice, (b) denied defendant's motion for attorneys fees, and (c) denied Mr. Licata's motion to dismiss the complaint as "moot".

The Magistrate Judge reasoned that Mr. Licata had the duty to inform plaintiffs sooner that his children were planning to "take the Fifth Amendment".

Mr. Licata has filed objections to the Magistrate Judge's decision, which will be determined by the District Court Judge.

Decision of Magistrate Judge Allowing Voluntary Dismissal Without Prejudice
Defendant's Objections to Decision of Magistrate Judge

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Full post as published by Recording Industry vs The People on September 16, 2008 (boomark / email).