Author Archives: Elliot Zimmerman

The Recording Industry Association of America (“RIAA”) has filed yet another 762 P2P file sharing law suits, bringing the total to approximately 5400 suits to date! The usual settlement price to buy out is $5000.00.

U.S. District Judge Harold Baer Jr. dismissed a federal indictment of Jean Martignon, who runs a Manhattan mail-order and Internet business that sells bootleg recordings. The judge struck down a 1994 law banning the sale of bootleg recordings of live music, ruling the law unfairly grants “seemingly perpetual protection” to the original performances. Cf. U.S. v. Moghadam, 175 F 3d 1269, 1272 (11th Cir. 1999). Read the article here.

The 6th Circuit Court of Appeals (TN) held digital sampling of a sound recording, no matter how minimal, constitutes copyright infringement. See Bridgeport Music, Inc. et al. v. Dimension Films et al.; Case Nos. 02-6521, 03-5738; September 7, 2004. Read the decision here. Cf. Newton v. Diamond, Horowitz, and Yauch; 9th Circuit Court of Appeals (CA), 349 F 3rd 591, Nov. 4, 2003. Read the decision here.

8.26.04. The Recording Industry Association of America (RIAA) has filed an additional 744 P2P file sharing lawsuits over the last several days. 592 lawsuits were filed against John Doe defendants located throughout the U.S. (Georgia, Missouri, California, New York, Texas, Kentucky, New Jersey and Wisconsin). Another 152 suits were filed against known named defendants who failed to settle with the RIAA after being identified through prior litigation. The RIAA has now included eDonkey and Limewire Continue reading RIAA Files 744 More P2P File Sharing Lawsuits→

FBI agents raided residences throughout the USA yesterday which were hubs for the “Underground Network.” About 7,000 users connected to the network via file-sharing software known as “Direct Connect.” According to law enforcement officials, not only were music files shared, but, also movies not yet released theaters, DVD or video. “Today’s actions send an important message to those who steal over the Internet,” said Attorney General John D. Ashcroft. “The Department of Justice is committed Continue reading Justice Department Raids P2P File Sharers→ Continue reading Justice Department Raids P2P File Sharers→

By Elliot Zimmerman, Attorney At Law, Fort Lauderdale, FLThe GNU (“Generally Not Unix”) General Public License (“GPL”), or GNU GPL for short, which can be viewed here, is used by authors who want their works to remain free for others to copy and change. Under the terms of the GNU GPL, the author first copyrights the original work then licenses it to the public to use for free, provided that anyone who redistributes it, with Continue reading What’s GNU?→

The Ninth Circuit Court of Appeals in MGM v. Grokster et al. declares defendants not liable for indirect copyright infringement in P2P music file sharing cases, upholding the lower court’s decision.

Click Here for RIAA’s Form Doe Settlement Agreement in a Music File Sharing Direct Copyright Infringement Suit.

Procedural and Evidentiary Considerations in Music File Sharing Direct Copyright Infringement Suits. Consider: 1) Procedural Defenses Include (Verizon and its Progeny): a) How did plaintiff learn of your client? Did your client receive a letter from his/her/its ISP stating that plaintiff was requesting his/her/its IP address? There is case law suggesting that your client may have been denied procedural due process if certain steps were not taken by the ISP and plaintiff respecting your client’s Continue reading Defenses to P2P Direct Copyright Infringement→

Wired reports that U.S. representatives are worried that the Digital Millenium Copyright Act has criminalized otherwise innocent activities, such as making a personal copy of a purchased CD, or trying to get a DVD to play on a Linux computer. The representatives are backing a bill that would overturn major portions of the DMCA, allowing people to copy CDs and DVDs more freely.