Sunday, October 31, 2010

Article in @p2pnet about my interview with @copygrounds

Jon Newton of p2pnet.net writes about the website, copygrounds (@copygrounds on Twitter), and its interview with me:

Ray Beckerman Talks to Copygrounds

Ray Beckerman’s Recording Industry vs The People blog is the only online repository of legal documents surrounding the RIAA Sue ‘Em All cases.

p2pnet coined the Sue ‘Em All phrase for the first time back in 2003 when the RIAA spearheaded Big Music’s ongoing campaign to gain control of how, and by whom, music is distributed online.

The music ‘trade’ organisation claimed then, and claims now, that files shared equal sales lost. But the contention has never been even nearly demonstrated or supported and in fact, a number of academic and other studies have put it to the lie.

Complete article at p2pnet
Complete interview at copygrounds


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Radio Berkman 166: An Innocent Infringer? Prof Nesson, Kiwi Camara, & Whitney Harper

Podcast about innocent infringement. Whitney Harper, Prof. Charles Nesson, and Kiwi Camara:

"Radio Berkman 166: An Innocent Infringer?"




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MP3Tunes moves for summary judgment dismissing RIAA case

In Capitol Records v. MP3Tunes, the defendants have moved for summary judgment dismissing the case.

Defendants' memorandum of law in support of motion for summary judgment


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Friday, October 29, 2010

Had a great time at "Reaching Acc[h]ord" at St John's Law School

Ty Rogers and I had a great time at the "Reaching Acc[h]ord" program at my alma mater, St. John's University School of Law.

I got to meet, for the very first time in person, two great guys: Prof. Charles Nesson and Joel Tenenbaum

And we were treated to an incredible performance by indie singer/songwriter Jake Walden (@jakewalden on Twitter):








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Thursday, October 28, 2010

RIAA files its brief in First Circuit in SONY BMG Music Entertainment v Tenenbaum

In SONY BMG Music Entertainment v. Tenenbaum, the RIAA has filed its appellate brief seeking to overturn the judgment of the District Court which on constitutional due process grounds reduced the jury's verdict from $675,000 to $67,500.

RIAA appellate brief



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Wednesday, October 27, 2010

Lime Wire consent injunction entered

In Arista Records v. LimeWire, a consent injunction has been entered.

A consent injunction is an injunction which is agreed to by both sides.

Under the injunction, LimeWire is required to cease using its old software, and is permitted to develop new software.

The injunction leaves open the question of damages, and provides that if any defendant is later exonerated on appeal, the injunction would no longer be applicable to that defendant.


Consent injunction



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Saturday, October 23, 2010

"Reaching Acc[h]ord: Resolving Disputes Over Music Downloading" Panel Disc/CLE program-St Johns Law 10/29

I will be participating in the following CLE Program and Panel Discussion on Friday, October 29th, 9 AM - 3 PM, at St. John's University School of Law, in Jamaica, Queens:

"Reaching Acc[h]ord: Resolving Disputes Over Music Downloading"

October 29, 2010 9:00 AM - 2:00 PM
Law School | Belson Moot Court Room | 2nd Floor


The Hugh L. Carey Center for Dispute Resolution, together with the Law School's Dispute Resolution Society and Entertainment, Arts and Sports Law Society, presents:

Reaching Acc[h]ord: Resolving Disputes Over Music Downloading

* Charles S. Nesson | Harvard Law School professor and counsel to Joel Tenenbaum
* Joel Tennenbaum | Boston University student initially found liable for over $600,000 in damages for unauthorized music downloading
* Ray Beckerman | Respected entertainment attorney and blogger on the topic of music downloading
* Jake Walden | Independent recording artist.
* Cathy Constantino | Conflict Management System Design Expert



Date
Friday, October 29, 2010

Time
9 a.m. - 2 p.m.

Location
School of Law | Belson Moot Court Room | Second Floor

Fee
$25 entry fee
Free admission for law students with valid Law School ID

Registration
Please register at specialevents@stjohns.edu by Wednesday, October 27, 2010

More Information
Maureen Mulligan
Associate Director of Special Events
(718) 990-1950
mulligam@stjohns.edu





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 Bookmark and Share

In Jammie Thomas case, Judge Davis refuses to consider constitutional issue; 3rd trial to commence Nov 1

In Capitol Records v. Thomas-Rasset, Judge Davis has denied defendant's motion for reconsideration, which asked the judge to determine the issue of the constitutionality of the award under on due process grounds. Presumably this means the third trial will commence, as scheduled, on November 1st.

Department of Justice Opposition Papers
RIAA Opposition Papers
October 22, Decision, Denying Reconsideration, Declining to Rule on Constitutional Issue

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Wednesday, October 20, 2010

Jammie Thomas moves for Court to consider constitutional due process issue

In Capitol Records v. Thomas-Rasset, the defendant has filed a motion for reconsideration requesting the Court to now reach the constitutional due process issue which it had declined to reach in its prior decision setting aside the verdict on the ground of remittitur, but not on the basis of due process.

Defendant submitted Judge Gertner's decision in SONY v. Tenenbaum, and pointed out to the Court that a third trial in the Thomas case would likely reach the same result as the first two trials.

Defendant's motion for reconsideration

Commentary & discussion:

p2pnet

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Judge Davis refuses request for "reasonable damages" instruction in Capitol v Thomas-Rasset

In Capitol Records v. Thomas-Rasset, Judge Davis has refused to instruct the jury that their statutory damages award must bear a reasonable relationship to the actual damages, and is instructing the jury that the defendant has violated the plaintiffs' distribution right.

October 13, 2010, Decision
Court's proposed jury instructions

[Ed. note In view of the jury instructions the judge is planning to give, it seems highly likely that the jury is going to feel compelled to once again come in with an award that is somewhere between $750 and $150,000 per work. I think the judge has erred once again. The jury will, apparently, not be able to consider the facts that (a) there was no evidence of a "distribution" within the meaning of the Copyright Act, and (b) plaintiffs' actual damages are in the neighborhood of 5 cents per work. And will not be instructed that its statutory damages award should be reasonable. How on earth can the judge have a problem with instructing the jury as to a long standing principle of copyright law, that statutory damages are required to bear a reasonable relationship to the actual damages. Sad. Very sad. -R.B.]



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