by Mike Masnick
Mon, Dec 5th 2011 7:00pm
This is no surprise given the RIAA's previous statements and actions, but it's now official. The RIAA has filed an amicus brief, along with a motion for leave to file the brief, since Hoehn's lawyer, Marc Randazza, refused to allow the amicus brief. Both filings are embedded below (thanks to a few of you for sending these over). As expected, the filing, from both the RIAA and the AAP, argues that the court erred in even deciding the fair use issue, once it had decided that RIghthaven had no standing. Basically, the RIAA really, really, really wants this fair use ruling off the books. To be fair, I can see their overall argument here. If Righthaven has no standing, then should the court even consider the specific issues? But, that said, if the court does decide to do so, is that really so harmful? It's still making a ruling based on the same basic info, and just clarifying the details, should the "rightful" copyright holder seek to take on the same lawsuit. In this case, the court accomplishes a key point: making it clear that such an effort would waste the court's time. That seems like a reasonable move. Either way, this looks pretty silly from the RIAA's standpoint. They're so afraid of a ruling that allows fair use that they're willing to get into bed with Righthaven.
If you liked this post, you may also be interested in...
- It Begins: Congress Proposes First Stages Of Copyright Reform, And It's Not Good
- Short Sighted Newspaper Association Asks Trump To Whittle Down Fair Use, Because It Hates Google
- Copyright Troll Ordered To Pay $17k To 'Pirate' It Falsely Accused
- Even The Usual Defenders Of The RIAA Are Pointing Out They're Simply Lying About YouTube
- Appeals Court Gives Big Loss To Record Labels In Their Quixotic Lawsuit Against Vimeo For Lipdubs