Copyright Law

RIAA makes numerous in limine motions in Capitol Records v. Thomas-Rasset

By Ty Rogers and Ray Beckerman

In Capitol Records v. Thomas-Rasset, the RIAA has made a number of in limine motions, among them:

-a motion to exclude defendant's expert witness from testifying;
-motions to preclude defendant from asserting 'fair use' or 'innocent infringement' as a defense, and
-a motion to preclude defendant from referring to other cases.

Among the additional pretrial documents filed yesterday:

Blanchfield affidavit in support of defendant's motion to suppress MediaSentry material
Defendant's statement of case
Plaintiffs' exhibit list
Plaintiffs' in limine motion to exclude Prof. Kim
Stipulation of uncontested facts
Plaintiffs' in limine motion to preclude fair use defense
Plaintiffs' in limine motion to preclude innocent infringement defense
Plaintiffs' in limine motion to exclude evidence of other lawsuits

[Ed. note. The things I find most interesting are (a) the motion to exclude Prof. Kim, which is about as frivolous as a motion can get, (b) the motion to preclude testimony about the RIAA's other cases, since at the first trial the RIAA itself introduced such evidence, (c) defendant's omission to have made an in limine motion excluding Dr. Jacobson's testimony, (d) defendant's omission to have included any grounds other than illegality in connection with the in limine motion to exclude MediaSentry's testimony, and (e) plaintiffs' having based several of their motions on press clippings. -R.B.]

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 June 02, 2009 (boomark / email).