RIAA Infringement Suit: The Party Who Was Sued Is Fighting Back
The brief urges a Judge to permit Rolando Amurao, who has been targeted the target of a recording industry lawsuit to fight back with counterclaims of his own.
The filing comes after some developments have already taken place.
Despite the fact that The Recording Industry Association of America (RIAA) has already moved to dismiss copyright infringement claims against Amurao. Amurao alleges that the RIAA's case is meritless and intended to harass him. As a result, the EFF says, he has countersued for a declaration of non-infringement and a finding of RIAA copyright misuse.
EFF has filed an amicus brief, arguing that giving Amurao his day in court increases RIAA accountability in the industry's broad lawsuit campaign against file-sharing.
"If Amurao's allegations are true, then he has the right to clear his name," said EFF Staff Attorney Corynne McSherry. "It's simply unfair to shield copyright owners from the consequences of careless lawsuits. Counterclaims like Amurao's help make sure that the RIAA can't simply dismiss its case and walk away when an innocent target fights back."
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