AfterDawn: Tech news may take MPAA to the Supreme Court

Written by James Delahunty (Google+) @ 29 Dec 2004 16:50 User comments (5) may take MPAA to the Supreme Court President of 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 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 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.


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5 user comments

129.12.2004 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.

230.12.2004 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.

330.12.2004 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.

431.12.2004 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).

523.12.2005 21:44

Internet Movie Download - Free Internet Movie Download

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