In Lava v. Amurao in White Plains federal court, the RIAA has moved to dismiss the defendant's counterclaims for (a) a declaratory judgment of non-infringement and (b) copyright misuse:
Plaintiff's Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Exhibit A to Plaintiff's Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Exhibit B to Plaintiff's Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Defendant is represented by Richard A. Altman of Manhattan.
Similar RIAA motions have been denied in Capitol v. Foster in Oklahoma and granted in Interscope v. Duty in Arizona.
* Document published online at Internet Law & Regulation
Thursday, March 8, 2007
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