Music Industry Takes Another Hit in Court

Today the Eigth Circuit Court of Appeals in St. Louis has ruled that the ISP Charter Communications, Inc. would not be required to provide the identities of users accused of downloading music to the RIAA.

This is another victory for ISPs and of P2P software. Last year in the D.C. Circuit Court the court ruled that Verizon would not be required to provide the identities of alleged downloaders to the RIAA. The RIAA has been trying to use the DMCA to make ISPs turn over identities of users. Although, record sales are down and the recording industry is losing money they still have plenty of money to chase downloaders and file suit against ISPs. The RIAA goes after the ISPs because it is cheaper for them to do that than file suit against "John Doe" and then get the name through the court system.

D.C. Baseball May Not Slide Home

Despite the D.C. City Council's vote to bring baseball into the District, there is a possibility that the courts will slow down the City's progress toward building a new stadium in the District.

Although some are ambivalent about baseball making its way back to D.C., some would be resigned to see it roost at RFK instead of some boondoggle near the Waterfront. In any event, a case in Superior Court might be in the works if the City does not make changes to how it relocates those businesses that are being displaced as a result of the new stadium. There has been speculation that some Council members as well as local businesses will be filing suit against the city because the city is not paying what these businesses believe they deserve. It will be interesting to see how this plays out and if such a case has any traction. If such cases are filed, they might slow progress with the stadium, and, perhaps, jeopardize the city's deal with Major League Baseball. Given such a setback, the mayor may fight hard anyway to keep the deal going because it seems like the mayor has more at stake than political credibility.

D.C. Bar Hosts Anti-Piracy Forum

The D.C. Bar is hosting a forum on Anti-Piracy and Film Financing Incentives. The speakers include David Green from the MPAA and Michele LeBlanc of LeBlanc & Associates. This should be an excellent forum, especially if you enjoy one-sided pedantic lecturing about piracy from copyright holders. David Green is especially interesting since he was the principal deputy chief of the computer crime and IP section of the Criminal Division for DOJ.

The MPAA has been actively cracking down on piracy like the RIAA. They are take no prisoners and I am sure they look forward to catching the first 12 year old who downloads the Spongebob movie. It does not seem that the MPAA has had as much success with P2P file as the RIAA has. The MPAA web site is chalk full of scare tactics about how much money the movie industry is losing and how unprofitable most movies are. The MPAA is one big propaganda machine. If you are ever approached for illegal downloading by the MPAA or RIAA do not talk to them directly. You must secure counsel first before talking to them. The RIAA and MPAA are known for being highly aggressive and they will use intimidation to get people to settle with them early. Find a good attorney who knows about copyright issues.

D.C. Housing Regulations

Many cases in the District of Columbia and I am sure elsewhere deal with disputes between landlords and tenants. Many tenants, especially students, are being charged excorbitant rents and living in substandard conditions. Below is a section of the DC Municipal Regulations governing housing violations. Please be advised that this is not legal advice but it merely an excerpt from the municipal regulations. For more information about housing regulations and whether you may have a claim against a landlord please contact an attorney.

How to void a lease in the District of Columbia
You can void a lease by showing that the leasing of any habitation which, at the beginning of the tenancy, is unsafe or unsanitary due to violations of this subtitle in that habitation or in the common space of the premises (whether or not those violations are the subject of a notice issued under this subtitle) of which the owner has knowledge or reasonably should have knowledge, shall render void the lease or rental agreement for the habitation.

You can also void a lease after the beginning of the tenancy, if the habitation becomes unsafe or unsanitary due to violations of this subtitle in that habitation or in the common space of the premises (whether or not the violations are the subject of a notice issued under this subtitle), the lease or rental agreement for the habitation shall be rendered void if both of the following apply:
(a) The violations did not result from the intentional acts or negligence of the tenant or his or her invitees; and
(b) The violations are not corrected within the time allowed for correction under a notice issued under this subtitle (or, if a notice has not been issued, within a reasonable time after the owner has knowledge or reasonably should have knowledge of the violations).

Supreme Court reviews file sharing case

The Supreme Court this month announced that it will be reviewing a lower court ruling in favor of the peer-to-peer file sharing technology that propels Grokster and StreamCast Networks. The copyright industry (understand that to be the MPAA and RIAA not musicians and artists) complains that such file sharing technology has reduced revenues from movies and music. Although, they never seem to blame the quality of such classics as "Christmas with the Kranks," "Ishtar," anything with Ben Affleck, or any other stink bomb they parade as a movie.

Back to the law. The Supreme Court will hear oral arguments next year and render a decision next spring. Keep checking posts here for more information on file sharing issues, copyright law and entertainment law. There will also be posts on theatre, the arts, music and movies. Stay tuned.