New Arkansas RIAA Lawsuits Coming Soon to a Federal Courthouse Near You

I have gotten a number of phone calls and emails from students (as well as parents and attorneys of students) at the University of Arkansas at Fayetteville. Suffice it to say that there is another rash of RIAA lawsuits on its way. This time, all I have seen have been on the University of Arkansas network. [...]

Capitol Records, et al v. Jammie Thomas – Full text of jury instructions

As there has been much talk about the validity of the jury instructions in Capital Records v. Thomas, especially instruction no.s 14 and 15 , I thought it would be nice for everyone to see them in their entirety. I think that jury instructions should be taken and evaluated as a whole, as the jury see’s them, not [...]

Capitol Records, et al v. Jammie Thomas – Jurors wanted maximum fine

Jurors from Capitol Records, et al v. Jammie Thomas are talking, and what they are saying is going to make a lot of people very angry. Several of the jurors wanted to give the maximum penalty of $150,000 per song for each of the 24 songs ($3.6 million total). In the end, they compromised at under [...]

Capitol Records v. Foster: RIAA case dismissed

Capitol Records v. Foster is another case against a monther who was sued by RIAA for haivng paid for internet access. The court dismissed this one with prejudice and awarded attorneys fees for the defendant.  The defendant’s answer to the original claim is a good read, as is the order dismissing the case. See original [...]

Virgin Records v. Marson: RIAA case dismissed due to lack of evidence

See the write-up here. After 6 months of litigation, RIAA dropped the case because they could not meet the evidenciary standard for scientific evidence. Basically they claimed she paid for the internet and word the computer where they found the shared files folder. The defendant claimed that many others had access to her computer, others [...]

P2P: “making available” is not “distribution”

Via the Susan Crawford blog and Corante. In 2005, in the Napster Investor case, Judge Marilyn Patel dismissed a plaintiff attempt to equate making files available (without proof of being downloaded) with an infringement of a copyholder’s exclusive right of distribution under the ART Act (Artists’ Rights and Theft Prevention Act of 2005). Under the Act, [...]

Cory Doctorow’s USC Copyright Compliance letter

Doing my Grokster note last semester, I was kicked off the network for installing Grokster and/or BitLord. I had to un-install any p2p software and promise never to use any before I could get access again. I wrote letters which have gone unanswered. Never mind the pedagogical use I was intending, or the fact that the title [...]

Owner Free File System?

In this letter to the “Copyright Industry Associations of America” the Digital Douwd, announced the release of the “OFF System.” For from today forward, consumers have no need for copies, infringing or otherwise. One common copy is all that is needed. One copy for everyone. Accessible forever. Today we announce a massively distributed copy-less file [...]

Altnet v. StreamCast, filed for infringement of patents on file hash

Altnet sues Streamcast for patent infringement on its file hash patents. Altnet and other plaintiffs allege that StreamCast and its CEO, Michael Weiss, intentionally infringe Altnet’s “TrueNames” patents as part of its music and movie file distribution business. The patents infringed are 5,978,791 – 6,415,280 – 6,928,442. These guys go back to the days when [...]