Mobile/PDA About Us Advertise here


		User name	Password

		Not registered yet? Register here. Lost your password? Click here.

Browse by topic

News

InternetMovies.com may take MPAA to the Supreme Court

29 December 2004 16:50 by James "Dela" Delahunty | 5 comments

President of InternetMovies.com Inc, Michael Jay Rossi plans to ask the United States Supreme Court to review the case "Rossi vs. Motion Picture Association of America (MPAA)" for the wrongful shutdown of his site in 2001. The Ninth Circuit Court ruled that good faith belief under the Digital Millennium Copyright Act (DMCA) is subjective and not objective. In 2001 the MPAA claimed that InternetMovies.com had The Lord of the Rings: The Return of the King available for download, which was not even finished production until 2003. The MPAA sent a cease and desist letter to the site's ISP demanding that it be shut down.

"MPAA communications with my ISP were unreasonable and outrageous and without just cause or excuse and beyond all bounds of decency -- violating the DMCA. The courts must have overlooked that I could not have made a movie downloadable 3 years in the future, which shows that the MPAA was not within the boundaries of decency and that the court should not have ruled in favor of the MPAA." said Rossi. First Amendment litigator James H. Fosbinder, who is representing Rossi, said InternetMovies.com never had the capacity to provide movie downloads and characterized the statements cited by the court as "hyperbole."

The MPAA should have purchased a membership and determined whether movies were in fact available for download before invoking the protections of the DMCA, the attorney said. He added that the membership price was about $3.00, and analogized the MPAA's tactic to seeking suppression of a book based on its cover without buying or reading it.

Sources:
ArriveNet
InternetMovies.com

Permalink to this article

Supreme Court rejects InternetMovies.com case (5 May 2005)

InternetMovies.com takes MPAA fight to Supreme Court (21 April 2005)

MPAA launches second round of lawsuits (28 January 2005)

MPAA releases software for parents (28 January 2005)

Supreme Court to hear P2P case (22 January 2005)

Extinction event for BitTorrent web sites (21 December 2004)

MPAA to target movie sharing through BitTorrent (14 December 2004)

P2P users move to TV-Series downloading? (26 November 2004)

Judge slows down MPAA lawsuits (24 November 2004)

MPAA sets sights on Internet2 traffic (18 November 2004)

MPAA launches its attack against P2P users (17 November 2004)

P2P case to be tested in Supreme Court? (8 October 2004)

« Previous news article
Doom9 2004 codec shoot-out

Next news article »
iRiver introduces new colour screen MP3 player

Post your comment

Discuss this article!
daemonzx6 (Senior Member) 29 December 2004 19:32
This just shows the willingness of the Supreme Court to side with the recording industry even if their claims are completely illogical and impossible. I can't beleive this happened. [ + quote]
daemonzx6 (Senior Member) 30 December 2004 9:34
I really hate somebody who posts in another news article after they got banned and started a new account. This jerk-off has been harassing people on the article titled "The BitTorrent Effect" as well. Get the fuck out of here. [ + quote]
Toiletman (Senior Member) 30 December 2004 9:41
I hope they manage to win. Hell, I hope other companies start to realise that MPAA aren't all that Microsoft and start suing them as well. [ + quote]
Pop_Smith (Senior Member) 31 December 2004 8:51
Thanks for killing suxonBalz, just do me a favor and edit his post too, as all the capital letters are annoying (its your call Mods). [ + quote]
movie1 (Newbie) 23 December 2005 21:44
Internet Movie Download - Free Internet Movie Download http://www.internet-movie-download.com [ + quote]