Copyright Law

RIAA files reply brief in support of its petition for 'mandamus or prohibition', argues Judge Gertner, Tenenbaum, amici misinterpreted rule

By Ty Rogers and Ray Beckerman

In SONY BMG Music v. Tenenbaum, the RIAA has filed a reply brief in support of its petition for 'mandamus or certiorari', arguing that:

-Mr. Tenenbaum had no right to "incorporate by reference" the legal arguments made by the amici curiae,

-Judge Gertner, Tenenbaum, and the amici curiae have all misunderstood the provision of Rule 83.3 which states "or by order of the court"

-the "mandamus" application did not require a showing of irreparable harm, and

-if mandamus is not the proper remedy, their "protective notice of appeal" should be considered.

The reply brief does not address any of the constitutional issues that had been raised by Judge Gertner and by the amici.

RIAA Reply Brief

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Full post as published by Recording Industry vs The People on February 02, 2009 (boomark / email).