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Copyright Law

: Recording Industry vs The People

RIAA withdraws motion to enforce judgment, needs to sort out 'factual inacurracies' in its motion papers

By Ty Rogers and Ray Beckerman

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You may recall that we recently reported that the record companies assigned a default judgment they'd obtained to the RIAA, and that the RIAA had made a motion to enforce the judgment, in RIAA v. Buckley in Massachusetts.

We've just learned that the RIAA's collection lawyer has withdrawn the motion because the motion "contained factual inaccuracies to which plaintiff needs to sort out".

Motion to Withdraw Motion to Enforce Judgment

[Ed. note. Hmmm. "Factual inaccuracies"? That never bothered them before. This attorney, Simon Mann, must be new around here. He's not going to have the RIAA as a client for long if he's going to be finicky about getting his facts right. He wouldn't fit in with Matthew Oppenheim and the Holme Roberts & Owen crowd.

By the way, here's a pointer for you law students out there: you're supposed to "sort out" the facts before, not after, you sue somebody. You might not have picked that up if you've been following the RIAA cases.

-R.B.]

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Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player

Full post as published by Recording Industry vs The People on February 06, 2009 (boomark / email).

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