Virgin Records America, Inc v. Thomas

Filing 157

DOCUMENT FILED IN ERROR: WILL REFILE AS SEPARATE DOCUMENTS. MOTION for Leave to File a Brief Amicus Curiae by The Intellectual Property Institute at William Mitchell College of Law. (Attachments: # 1 Certificate of Service Certificate of Service, # 2 Exhibit(s) Brief Amicus Curiae, # 3 Errata Certificate of Compliance with Court Ordered Wordcount)(Christensen, Carl) Modified text on 6/20/2008 (kt).

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Virgin Records America, Inc v. Thomas Doc. 157 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CAPITOL RECORDS INC., a Delaware corporation, et al., Plaintiffs, v. JAMMIE THOMAS, Defendant. Civil File No. 06-CV-1497 (MJD/RLE) PLEASE TAKE NOTICE that upon the annexed Affidavit of Carl E. Christensen and the proposed brief amicus curiae annexed thereto, The Intellectual Property Institute of William Mitchell College of Law shall move this Court, before the Honorable Michael J. Davis, United States District Court Judge, at the United States Courthouse, District of Minnesota, Duluth, Minnesota at a date and time to be determined by the Court, for leave to file the proposed brief amicus curiae. Dated: June 19, 2008, Minneapolis, Minnesota. Carl E. Christensen (No. 350412) Christensen Law Office PLLC 1422 West Lake Street, Suite 216 Minneapolis, Minnesota 55408 Telephone: (612) 823-4016 Facsimile: (612) 823-4777 COUNSEL FOR AMICUS CURIAE By s/Carl E. Christensen _ CARL E. CHRISTENSEN TO: Felicia J. Boyd (No. 186168) Leita Walker (No. 387095) FAEGRE & BENSON LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402-3901 Telephone: (612) 766-7000 Facsimile: (612) 766-1600 Dockets.Justia.com Timothy M. Reynolds (pro hac vice) David A. Tonini (pro hac vice) Andrew B. Mohraz (pro hac vice) HOLME ROBERTS & OWEN LLP 1700 Lincoln, Suite 4100 Denver, Colorado 80203 Telephone: (303) 861-7000 Facsimile: (303) 866-0200 ATTORNEYS FOR PLAINTIFFS Brian N. Toder (No. 17869X) 3700 Campbell Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 Telephone: (612) 339-7300 Facsimile: (612) 336-2940 ATTORNEYS FOR DEFENDANT UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CAPITOL RECORDS INC., a Delaware corporation, et al., Plaintiffs, v. JAMMIE THOMAS, Defendant. Civil File No. 06-CV-1497 (MJD/RLE) I, Carl E. Christensen, hereby declare: I am an Adjunct Professor of Law at William Mitchell College of Law and faculty of the William Mitchell Intellectual Property Institute. I submit this Declaration to provide the Court with a copy of the brief I propose to file as amicus curiae Intellectual Property Institute of William Mitchell College of Law on behalf of Defendant Jammie Thomas, attached hereto as Exhibit A. Pursuant to 28 U.S.C. 1746, I certify under penalty of perjury that the foregoing is true and correct. Executed on June 19, 2008. By s/Carl E. Christensen Carl E. Christensen Subscribed and sworn to before me this 19 day of June, 2008. _ ________________________________ Notary Public UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CAPITOL RECORDS INC., a Delaware corporation, et al., Plaintiffs, v. JAMMIE THOMAS, Defendant. Civil File No. 06-CV-1497 (MJD/RLE) MOTION FOR LEAVE TO FILE BRIEF AS AMICUS CURIAE The Intellectual Property Institute of William Mitchell College of Law by and through undersigned attorney and pursuant to this Court's Order dated May 20, 2008, hereby moves this court for leave to file the accompanying brief as amicus curiae in support of Defendant Jammie Thomas in urging a new trial pursuant to the Court's Order that contemplates of a sua sponte motion for a new trial under to Fed. R. Civ. Pro. 59(d) because of jury instructions that disregarded controlling law and, therefore, constituted manifest error. In support of this motion, amici curiae state as follows: 1. The Intellectual Property Institute is an entity within William Mitchell College of Law. An important part of the Institute's mission is to engage in the rigorous exploration of the balance between privately owned and publicly shared works of authorship. The Institute views copyright law as one tool that establishes and maintains that balance of interests. Among the Institute's activities is the advocacy for the responsible development of intellectual property law, including copyright law. One of the Institute's purposes is to raise issues and arguments in light of the public interest and the best interests of the copyright system as a whole. 2. Amici curiae are concerned that the District Court committed a manifest error of law in instructing the jury, in Jury Instruction No. 15, that "[t]he act of making copyrighted sound recordings available for electronic distribution on a peertopeer network, without license from the copyright owners, violates the copyright owners' exclusive right of distribution, regardless of whether actual distribution has been shown." 3. Amici curiae have reason to believe that their brief will augment rather than reiterate the arguments made by Defendant. 4. Pursuant to this Court's Order dated May 15, 2008, the Institute requests leave of this Court to file its Amicus Curiae brief. WHEREFORE, the Intellectual Property Institute of William Mitchell College of Law requests that this Court give leave for the Institute to file the accompanying brief amicus curiae in support of Defendant Jammie Thomas in urging for a new trial. Respectfully submitted, Carl E. Christensen (No. 350412) Christensen Law Office PLLC 1422 West Lake Street, Suite 216 Minneapolis, MN 55408 Telephone: (612) 823-4016 Facsimile: (612) 832-4777 COUNSEL FOR AMICUS CURIAE By s/Carl E. Christensen CARL E. CHRISTENSEN _

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