RIAA victim Amurao wants summary judgment
p2pnet news view RIAA:- One thing you don’t see too much of in RIAA litigation is a defendant moving for summary judgment, but that’s what just occurred in federal court in Westchester, in Lava Records v. Amurao II.
The RIAA brought suit against Rolando Amurao, a middle aged man who knew nothing about file sharing.
After haranguing him for two years, they dropped the case and sued his daughter, Audrey, who had used LimeWire years ago. [See footnote.]
When the RIAA moved for summary judgment against Audrey, however, she surprised them with a summary judgment motion of her own, calling for dismissal of the complaint on the grounds the statute of limitations had run out on the RIAA’s claims.
The brief filed by her attorney also points out some of the other infirmities in the RIAA’s case, such as the inadmissibility of its evidence, the legal nonexistence of a claim for ‘making available,’ and the unconstitutionality of its damages theory.
According to sources, the RIAA is unhappy about Audrey’s motion, and is preparing a letter to send the judge asking the judge not to allow her to make it.
Meanwhile, Audrey’s father’s case, Lava Records v Rolando Amurao, is on appeal in the US Court of Appeals for the 2d Circuit over the issue of whether the RIAA should have to reimburse Mr Amurao for his attorneys fees. Although the appeal was fully briefed and scheduled for argument May 19th, the RIAA has been asking for postponements of the argument.
Ray Beckermnan – Recording Industry vs The People
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