• In Liberty Media v Tabora, Defendant Moves To Dismiss 'Negligence' Claim, EFF Files Amicus Brief
  • June 30, 2012 | Author: Ray Beckerman
  • Law Firm: Ray Beckerman, P.C. - Forest Hills Office
  • In Liberty Media Holdings v. Tabora, a bittorrent download case in Manhattan, the defendant has moved to dismiss the complaint on the grounds that no copyright registrations had been filed for the films in issue, and that plaintiff's third claim -- for 'negligence' -- is preempted by the Copyright Act.

    The Electronic Frontier Foundation has filed an amicus curiae brief supporting dismissal of the 'negligence' claim on preemption grounds.

    Complaint
    Defendant's Memorandum of Law in Support of Motion to Dismiss Complaint
    Amicus Curiae Brief of Electronic Frontier Foundation in Support of Motion to Dismiss Negligence Claim on Preemption Grounds