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RIAA reached a settlement ‘in principle’ in a P2P case considered...

RIAA reached a settlement “in principle” in a P2P case considered by the Justice Department for possible intervention, concerning the constitutionality of a DMCA infringement damage statute (WID Aug 1 p7). The parties in Atlantic v. Boggs in U.S.…

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District Court, Corpus Christi, Tex., intend to file within 30 days a joint stipulation of dismissal “with prejudice of all claims and counterclaims,” they told the court, meaning the case can’t be brought again against Michael Boggs. The settlement in principle likely means Justice won’t weigh in on the $750-a-song minimum damage award. In other P2P litigation, RIAA filed a motion to strike a potentially embarrassing part of the record in Warner v. Paternoster in U.S. District Court, Nashville. The trade group took criticism for including the entire Kazaa library -- apparently pornographic files included -- in screenshots of Nicholas Paternoster’s shared folder. RIAA rarely includes more than a handful of pages and dozens of files in evidence of infringing activity. Exhibit B originally contained the names of 4,500 files, “many of which did not relate directly to the copyright infringement at issue,” the filing said. Earlier, in counterclaims, the defense said the irrelevant files were included in the public record “in an attempt to place [Paternoster] in an unattractive light due to the nature of the personal files,” despite the army sergeant’s insistence that other soldiers had access to his computer and downloaded Kazaa and files without his knowledge. The court ordered RIAA to re-file the exhibit to include only relevant files, but the original exhibit remained in the public record. Plaintiffs’ attorneys “wish to extend a professional courtesy” by asking the court to strike the original exhibit from the public record, the latest filing by RIAA said.