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Copyright law, fine art and navigating the courts. All practice, no theory. Purchase Copyright Litigation Handbook 2012-2013 by Raymond J. Dowd from West here
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:11-cv-04100-SAS
Liberty Media Holdings, LLC v. New York Members Of Swarm Of November 16, 2010 To January 31, 2011 Sharing Hash File AE340D0560129AFEE8D78CE07F2394C7B5BC9C05 et al
Assigned to: Judge Shira A. Scheindlin
Demand: $150,000
Cause: 17:101 Copyright Infringement
Date Filed: 06/15/2011
Jury Demand: None
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question
Plaintiff
Liberty Media Holdings, LLC represented by Vincent S Verdiramo
Vincent Verdiramo
3163 John F. Kennedy Blvd.
Jersey City, NJ 07306
201-798-7082
In Arista Records v. Doe 3, --- WL --- 172107 (2d Cir. April 29, 2010) the Second Circuit permitted a record company to subpoena the anonymous defendants' internet service provider, the State University of New York at Albany. Doe 3 tried to quash the subpoena, arguing that Doe 3 had a First Amendment right to anonymous speech through the internet. The court acknowledged the First Amendment right to anonymous speech, but noted that the interest or "qualified privilege" was outweighed by the rights of a copyright owner that had made sufficiently specific allegations of copyright infringement. In getting there, the court applied a test devised by then-District Court Judge Denny Chin (who is now on the Second Circuit):
1. the concreteness of the plaintiff's showing of a prima facie claim of actionable harm;
2. the specificity of the discovery request;
3. the absence of alternative means of obtaining the subpoenaed information to advance the claim; and
4. the objecting party's expectation of privacy.
The subpoena listed 236 works, with specific owners and songs, among them Beastie Boys' Licensed To Ill. The Urban Dictionary defines "illin" here, and in relevant part:
3. illin
buy illin mugs, tshirts and magnetsDoing stuff you shouldn't be doing (aka bad shit) while hanging out with friends, like drugs or vandalism.
Donna: "What are the plans for tonight, Fred?"
Fred: "Oh Hangin', Chillin'.... Little bit a illin."
Copyright Office issued an opinion on a novel question of law, published in Federal Register here. Copyright Royalty Judges have the power to issue subpoenas to non-participants in proceedings.
