Copyright Law

Thomas-Rasset files briefs supporting objections to plaintiffs' uncertified sound recordings and untimely exhibit 4 'stack' of registration documents

By Ty Rogers and Ray Beckerman

In Capitol Records v. Thomas-Rasset, the defendant filed her briefs supporting her evidentiary objections to plaintiffs' attempted use of (a) uncertified sound recordings and (b) exhibit 4, a "stack" of copyright registration documents.

The objections are scheduled to be heard at 8:00 AM.

Defendant's memorandum in support of objection to uncertified sound recordings
Defendant's memorandum in support of objection to exhibit 4
Plaintiffs' memorandum in opposition to objections

[Ed. note. Both objections are, in my opinion, unassailable. And I don't see how the plaintiffs can prove their case, once the objections are sustained, as I think they must be. So, as I see the plaintiffs' copyright case: case closed. Next step: thank the jury, send them home, and set a briefing schedule for the attorneys fees motion. No constitutional issues, no 'making available' theory. Nothing. Just plain old garden variety absence of admissible evidence. -R.B.]

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Full post as published by Recording Industry vs The People on June 16, 2009 (boomark / email).