summary judgement

Source: http://gizmodo.com/5894743/google-calls-shenanigans-on-mpaas-dmca-interpretation

Google Calls Shenanigans on MPAA's DMCA InterpretationThe MPAA has a well-earned reputation for, shall we say, “molding” their facts. But with its latest lawsuit against Hotfile, the group has apparently gone too far for Google’s tastes The search giant has just filed an Amicus brief objecting to the MPAA’s “distortion” of the DMCA.

An Amicus brief is a court document filed by a third party in a case—neither the plaintiff or defendant—that volunteers information that may be relevant to the proceedings and would not have been discovered otherwise. In this case, Google’s brief provided a legal opinion that the MPAA is full of shit in regards to the Safe Harbor provisions.

“Google is particularly concerned by some of the arguments offered by the plaintiffs, which distort the meaning of the statute and, if accepted, would unduly narrow the important protections those provisions give online service providers,” the company wrote.

Google pointed to its own case against Viacom a few years back in which the search company successfully used the provisions as a defense. While the case has already been in progress for a over a year, the MPAA’s sudden request for a summary judgement has apparently spurred Google to action. Looks like the MPAA’s ploy to quietly cajole its lawsuit to fruition backfired. [Scribd, Amicus Curiae Wiki via ElectronistaImage: Pakhnyushcha / Shutterstock]

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Tuesday, March 20th, 2012 news No Comments

Source: http://gizmodo.com/5882869/even-after-shutting-down-limewire-cant-catch-a-break

Even After Shutting Down, LimeWire Can't Catch a BreakLimeWire has been kaput as a file-sharing service since October but that hasn’t stopped its legal woes. Now, after settling with the RIAA to the tune of $105 million, the MPAA and a host of indie music labels have filed lawsuits against the company as well. Talk about beating a dead horse.

Six studios—Twentieth Century Fox, Viacom, Comedy Partners, Disney, Paramount Pictures, and Warner Brothers—have filed suit, citing the court’s summary judgement in the RIAA case as basis for their claims. In that case, the court concluded that LimeWire “intentionally encouraged direct infringement.” Now, the court will have to decide LimeWire’s culpability in the illicit trade of movies and TV shows as well.

In addition, a group of independent record labels are arguing that, because of the same summary judgement, that they too are owed $105 million. There’s no word yet on how much the MPAA is asking for in damages, but if its anything near what it enjoy threatening the common user with, LimeWire’s going to need to find some deeper pockets. [Hollywood Reporter via Techdirt]

Image: Pakhnyushcha / Shutterstock

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Monday, February 6th, 2012 Uncategorized No Comments

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