USPTO & RIAA what a beautiful mess!!!

The U.S. Patent and Trademark Office (PTO) report "Filesharing Programs and Technological Features to Induce Users to Share" attacks P2P software for causing consumers to inadvertently share unintended files. Incredibly the report then takes another huge leap and claims that P2P then is also a factor in terrorism, child pornography, and identity theft.

The EFF provides a comprehensive analysis on this farce that I recommend. I've personally presented to both the U.S. FTC and Senate and so want to focus on two aspects.

First, the P2P industry has been responsive to government concerns. Commercial P2P software has been improved through a combination of voluntary company initiatives, P2P association standards, and government recommendations. These improvements have included a clear warning on P2P usage risks on software home pages, information web pages on how consumers can protect themselves, and child exploitation warnings and reporting.

Second, the report is three years late. The commercial companies that the report purports to study are out of business or substantially different due to RIAA lawsuits supported by favorable U.S. Congress legislation and Supreme Court rulings. The result is that the commercial companies that could work with the USPTO have been superseded by open source and international developers that are beyond the influence of the U.S. government.

Via: http://www.p2p-weblog.com

RIAA Drops Another Case In Chicago Against Misidentified Defendant

Once again, this time in BMG v. Thao, the RIAA has dropped a case it brought against a misidentified defendant.

Lee Thao was sued in the Eastern District of Wisconsin by BMG Music and other record labels for allegedly sharing files over the Kazaa network. The RIAA based its case on information that the cable modem used to partake in file sharing was registered to Mr. Thao. However, both the ISP and the RIAA failed to recognize that Mr. Thao was not a subscriber to the ISP at the time of the alleged file-sharing, and therefore did not have possession of the suspect cable modem at that time. Daliah Saper of Saper Law Offices represented Mr. Thao and got the case dismissed after pointing out to the RIAA's attorneys that they had made another blunder in their investigations.

A similar Chicago case, Elektra v. Wilke, was previously dismissed. Mr. Wilke, too, had been represented by Ms. Saper.

Notice of Dismissal*
Fax*
Letter*

Recordingindustryvspeople

NEW SITE ON THE BLOCK!!!

Please visit this great site created by our new friend Julian Asano from Brooklyn Law School class of 08.

http://riaalawsuitdefense.wetpaint.com/

Julian has created an RIAA defense network Wiki contribution site dedicated to informing practicing attorneys about defending themselves from consumer targeted RIAA litigation.

Mr. Asano is hoping that the site will serve as a tool for practitioners to get together and share their knowledge about the subject. It seems only right considering that the record companies are mainly represented by the same firm.

In any event show the site some love.

Answer, Counterclaims, and Discovery Notices Served in Elektra v. Torres

The defendant's answer, counterclaim, and discovery notices have been served in a new contested case in Brooklyn, Elektra v. Torres.

Answer and Counterclaims*
Answer and Counterclaims, Exhibit A (Amicus Brief filed by ACLU, Public Citizen, EFF, AALL, and ACLU Foundation of Oklahoma in Capitol v. Foster)*
Defendant's Initial Disclosures*
Defendant's First Set of Interrogatories to Plaintiffs*
Defendant's First Request for Production of Documents and Things*
Defendant's Notice to Take Deposition of Elektra Entertainment*

* Document published online at Internet Law & Regulation

RIAA Opposes EFF's Motion for Leave to File Amicus Brief in Lava v. Amurao, Attacks "Recording Industry vs The People"

In Lava v. Amurao, the RIAA has opposed the motion made by the Electronic Frontier Foundation for permission to file an amicus brief.

Among other things, the RIAA argued that Ray Beckerman, who had acted as local counsel in filing the EFF's motion, publishes "Recording Industry vs. The People", which, the RIAA said, had accused the Plaintiffs of acting as "a cartel of multinational corporations [that] collude to absuse our judicial system, distort copyright law, and frighten ordinary working people and their children". (Brief at Page 4, FN 1).

RIAA Memorandum of Law in Opposition to Motion by Electronic Frontier Foundation for Leave to File Amicus Curiae Brief*

Suggestions to College Students Being Targeted by the RIAA

THIS IS NOT LEGAL ADVICE. HOWEVER, I DO ADVISE YOU TO GET LEGAL ADVICE, AND NOT TO TAKE YOUR ADVICE FROM THE RIAA, THE MPAA, YOUR SCHOOL, OR ANYONE ELSE WHO IS NOT YOUR LAWYER.

These are my suggestions to college students being targeted by the RIAA:

1. Join together with other students who are being targeted, pool your financial resources, and hire an attorney who is ready, willing, and able to (a) advise you of your rights and (b) fight the RIAA's "John Doe" cases when they are brought.

2. Bring to your college or university's attention my "Open Letter to Colleges and Universities"

3. Join or start campus charters of Digital Freedom and/or FreeCulture.

4. Remember that the RIAA does not presently have your identity, and that by calling them or visiting their web site you may be giving them your identity.

5. Read and learn about your rights.

6. Organize.

7. Organize.

8. Organize.

-R.B.

Elektra v. Santangelo -- Case Closed Except for Defendant's Attorneys Fees

Elektra v. Santangelo -- Case Closed Except for Defendant's Attorneys Fees

It is now official: the case against Patti Santangelo, Elektra v. Santangelo, in White Plains, New York, is now closed, except for Ms. Santangelo's right to claim attorneys fees. On April 9th Judge McMahon "so ordered" a stipulation dismissing the case, but giving Ms. Santangelo the right to pursue her claim for attorneys fees:

Stipulation and Order entered April 9, 2007, dismissing case with prejudice except for issue of defendant's entitlement to attorneys fees*