The Recording Industry Association of America escaped counterclai...
The Recording Industry Association of America escaped counterclaims by a former P2P defendant by “covenanting not to sue again,” under an order by U.S. District Judge Vicki Miles-LaGrange. Last year the trade group dropped its case in Warner v.…
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Stubbs, following a much-noticed “extortion” charge by Tallie Stubbs’ attorney (WID Aug 28 p1). Stubbs had sought a declaratory judgement of noninfringement from the court. By covenanting not to pursue legal claims against Stubbs again, the RIAA deprived the U.S. District Court, Western District of Oklahoma, of jurisdiction, Miles-LaGrange said. Separately, the P2P defense strategy of citing RIAA P2P investigator MediaSentry as “unlicensed” under state law (WID June 5 p2) is catching on. The defense in Sony v. Crain in U.S. District Court, Beaumont, Tex., filed for permission to amend its counterclaims to incorporate allegations against MediaSentry. RIAA knew that by hiring unlicensed investigators in Texas, it was committing “civil conspiracy under Texas common law,” the amended filing said.