Wednesday, June 2, 2010

Weekly Wednesday Wrapup - Update Edition

This week we follow up on updates from previous columns:
  • Limewire asks that the district court reconsider its finding of copyright infringement. Two week ago, summary judgment was entered against Limewire on grounds of copyright infringement.

    In its motion to reconsider, Limewire claims there was error where the judge did not consider conflicting evidence and resolving the conflicting evidence in Limewire’s favor (as the non-moving party). Such motions for reconsideration are rarely granted. Denying summary judgment would require issues of material fact.

    Based on the decision, I do not see Limewire getting too far with this argument especially on a motion for reconsideration. I will keep looking to see if Limewire follows through and files an appeal to the Ninth Circuit.

  • Two weeks ago, I also included an article regarding the producers of “The Hurt Locker” potentially filing lawsuits against those who downloaded the movie from BitTorrent. The lawsuit has been filed against 5,000 defendants. See Complaint here.

    Maybe producers of motion pictures will file more of these lawsuits to fill the gap in the number of copyright lawsuits now that the RIAA is no longer pursuing illegal downloaders of music. See Blog Entry of May 19, 2010.

  • Finally, the Don Henley / Chuck Devore lawsuit regarding the parody defense which changed the lyrics to “The Boys of Summer” and “All She Wants to Do Is Tax” has been briefed for summary judgment. Cross motions for summary judgment were filed.

    A hearing was scheduled for yesterday. It would seem to be a tough sell for DeVore to show how his videos “parody” Henley’s songs especially given the commentary directed at politicians Barbara Boxer and Barack Obama not the subjects of Henley’s songs. This parody / social commentary argument was recently rejected in the Salinger case because the parody must be on the work itself not on the artist or another topic. 641 F. Supp. 2d at 256-257.

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