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[ga] RIAA Gives Up In Atlantic Recording v. Brennan

  • To: Ga <ga@xxxxxxxxxxxxxx>, Peter Dengate Thrush <barrister@xxxxxxxxxxxxxxx>
  • Subject: [ga] RIAA Gives Up In Atlantic Recording v. Brennan
  • From: "Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>
  • Date: Fri, 09 Jan 2009 00:50:53 -0800

All,

  Yet again despite the president-elects new selections for DOJ
key positions the RIAA decides wisely but embarrassingly late,
to dismiss their own case.  Yet again demonstrating the egg
on the face of the RIAA, ICANN's IPC and the ICANN
Board and Staff...

  Ray, perhaps you should post this to change.gov as sort of a
reference, and perhaps also to the senate judiciary committee's
chair and staff as well as your own new and yet to be selected
New York senator?  Just a thought...

  FWIW I am appalled at how the RIAA has abused the legal
system in such a way.  The actions by the RIAA does not
give confidence or engender trust in the legal system, it's
many practitioners, and the rule of law.

See:
 http://recordingindustryvspeople.blogspot.com/ NewYorkCountryLawyer
writes "In
http://recordingindustryvspeople.blogspot.com/2007/01/index-of-litigation-documents.html#Atlantic_v_Brennan
Atlantic Recording v. Brennan, the landmark Connecticut case in which
http://yro.slashdot.org/article.pl?sid=08/02/25/1952222&tid=123 the
first decision rejecting the RIAA's 'making available' theory was handed
down, the RIAA has finally
http://recordingindustryvspeople.blogspot.com/2009_01_01_archive.html#6983596722040099050
thrown in the towel and dismissed its own case. Mr. Brennan never
appeared in the case at all. In February, 2008, the RIAA's motion for a
default judgment was rejected for a number of reasons, including
http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/atlantic_brennan_080213OrderDenyDefaultJudgment.pdf
the Court's ruling (PDF) that there is no claim for 'making available
for distribution' under the US Copyright Act. The RIAA moved for
reconsideration; that motion was denied. Then, in December, the RIAA's
second motion for default judgment was rejected. Finally the RIAA filed
a 'notice of dismissal' ending the case."

Regards,

Spokesman for INEGroup LLA. - (Over 284k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln
"YES WE CAN!"  Barack ( Berry ) Obama

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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