FC: RIAA responds to EFF and Felten, complains of "publicity machine"

From: Declan McCullagh (declanat_private)
Date: Wed Jun 06 2001 - 16:06:12 PDT

  • Next message: Declan McCullagh: "FC: More on Felten v. RIAA lawsuit and declaratory judgments"

    RIAA and SDMI said in late April that they never had any intention to sue
    Felten & co. See their press release, backing away from their earlier stand:
    http://www.politechbot.com/p-01968.html
    
    Verance, also being sued in this new case, never made that same promise.
    In fact, they declined to answer an invitation to reply on Politech.
    
    But if Verance does made that pledge, does this mean EFF's suit would
    be dismissed? (I am not saying this would be a good thing, since I'd
    like to see what the courts decide.) My understanding is that the
    Declaratory Judgment Act only applies to "cases of actual
    controversy," and if the controversy evaporates, so does the suit. No?
    
    More on lawsuit:
    http://www.politechbot.com/p-02110.html
    http://www.politechbot.com/cgi-bin/politech.cgi?name=felten
    
    -Declan
    
    ---
    
    http://www.riaa.org/PR_story.cfm?id=419
       
       Statement by RIAA's Cary Sherman on Felten Lawsuit
       
       Professor Feltens decision to sue the RIAA and the SDMI Foundation is
       inexplicable. We have unequivocally and repeatedly stated that we have
       no intention of bringing a lawsuit against Professor Felten or his
       colleagues. It seems that the professor, or the Electronic Frontier
       Foundation, would have preferred that we sue in order to keep their
       publicity machine running. Since we've said we have no issue with the
       publication of the Felten paper, they now resort to suing us to keep
       this issue alive.
    
    ---
    
    http://www.eff.org/Legal/Cases/Felten_v_RIAA/20010606_eff_felten_riaa_reply.html
       
    EFF Reply to RIAA Statement Regarding Felten Case
    
    June 6, 2001
    
       The Electronic Frontier Foundation (EFF) and the plaintiffs have filed
       Felten v. RIAA because the RIAA threatened the scientific process.
       RIAA currently claims that they "have no intention of bringing a
       lawsuit against Professor Felten or his colleagues." However, RIAA
       attorneys spent nearly a month on the phone threatening litigation
       against everyone associated with publishing the research paper and
       demanding changes to the paper. RIAA attorneys only started issuing
       press statements to the contrary after they succeeded in squelching
       the scientists. (See the complaint.) Verance has never indicated a
       willingness to allow publication of the research paper.
       
       EFF and the plaintiffs seek not only publication of this research
       paper without fear of prosecution, but a clear legal determination
       that no one needs the permission of the record companies before
       publishing and presenting scientific work.
    
    
    
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