p2pnet news | RIAA News:- Once again the RIAA has dropped a case "with prejudice", thistime after concluding it was the defendant’s daughter, rather than the defendant, that it should have sued in the first place.
In a White Plains, New York, case, Lava v Amurao, mindful that in similar scenarios it’s been held liable for the defendant’s attorneys’ fees (Capitol v Foster and Atlantic v Andersen), the RIAA this time went on the offensive over its attorneys fee exposure.
And it did so even though there was no attorneys’ fee motion pending, arguing it was the defendant’s fault, not the RIAA’s, that the record companies sued the wrong person, because the defendant didn’t tell them that his daughter was the file sharer they were looking for.
Other motions filed:
By the defendant:
- To exclude MediaSentry testimony on ground of illegality;
- To take deposition of Matthew Oppenheim; and
- To compel discovery into the record companies expenses per download.
- For discovery sanctions against Mr Amurao; and
- For summary judgment dismissing copyright misuse counterclaim.
Ray Beckerman – Recording Industry vs The People