Copyright Law

Plaintiffs file pretrial memo & motion to exclude Palfrey, deft files opposition to fair use sum judg motion, in Tenenbaum

By Ty Rogers and Ray Beckerman

Plaintiffs have filed their pretrial memo and a motion to exclude John Palfrey as an expert, and defendant has filed his opposition to plaintiffs' motion for partial summary judgment on fair use, in SONY BMG Music Entertainment v. Tenenbaum.

Plaintiffs' motion to exclude John Palfrey
Plaintiffs' Pretrial Memorandum
Exhibit A juror questions
Exhibit B witness list
Exhibit C exhibit list
Exhibit D proposed jury instructions
Exhibit E proposed verdict form
Defendant's opposition to plaintiffs' motion for partial summary judgment on fair use

[Ed. note. Once again the RIAA lawyers seek damages of up to $150,000 per 99-cent song file, and an incorrect instruction on the distribution right. I guess reading the statute which describes the distribution right, and reading the caselaw on statutory damages, would be too easy for them : there's not enough billable hours in getting it right, there's much more money to be made getting it wrong. Maybe they can milk this case for 3 trials, too. -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 July 18, 2009 (boomark / email).