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EFF "Legal Cases - RIAA v. Diamond Multimedia" Archive

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Last Updated Thu Mar 13 10:41:37 PDT 2003

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19981016_diamond_brief.html
Diamond's reply brief on the motion for a temporary restraining order.



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19990108_riaa_reply_images/
directory of images of faxed copy of a Jan. 1, 1999 appellate reply brief by plaintiffs-appellants (RIAA & AARC) reiterating (in response to defendant-appellee Diamond Multimedia) their position that the District Court erred and overstepped its authority in the Oct. 1998 ruling it issued in this case.
19981228_cema_amicus_images/
directory of images of faxed copy of a Dec. 28, 1998 appellate court amicus brief filed by the Consumer Electronics Manufacturers Assoc. in support of defendant-appellee Diamond Multimedia in the defense against plaintiffs-appellants (RIAA & AARC) in their appeal of the Oct. 1998 ruling District Court in this case (largely in favor of Diamond, denying RIAA's motion for preliminary injunction.)
19981124_riaa_brief_images/
directory of images of faxed copy of a Nov. 24, 1998 appellate brief by plaintiffs-appellants (RIAA & AARC) stating their position that the District Court erred and overstepped its authority in the Oct. 1998 ruling it issued in this case (largely in favor of defendant-appellee Diamond Multimedia).
19981028_order_images/
directory of images of faxed copy of an Oct. 28, 1998 order denying plaintiff's (RIAA's) motion for preliminary injunction to prevent Diamond from selling their portable Rio MP3 player. The judge is skeptical of the arguments of both sides, holding that RIAA's position - that the Rio must comply with the Audio Home Recording Act's copy protection requirement - is pointless, since it will not actually prevent the Rio from being used illegally (the scheme in question would prevent serial copying, e.g. from CD to Rio, but would not address the principal mode of MP3 copyright infringement, which is posting and dowloading of CD audio files via the Internet.) But the judge also did not accept many of Diamond's arguments, rejecting in particular the idea that the AHRA has simply been outstripped by technology and that it should not be applied to media that did not exist when it was enacted, nor to general-purpose computers.



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