In Atlantic v. Boggs, in Corpus Christi, Texas, where the defendant has interposed not just an affirmative defense challenging the constitutionality of the RIAA's $750-per-song file damages theory, but interposed a counterclaim to that effect as well, thus prompting the RIAA to move to dismiss the counterclaim, the United States Department of Justice has requested, and the Court has granted, an extension of time in which to consider intervening in the case to defend the theory.
The Department of Justice has been granted 60 days in which to intervene, if it so chooses.
The validity of the unconstitutionality argument was previously upheld by Judge David G. Trager in UMG v. Lindor where it had been interposed as a defense, rather than as a counterclaim.
Unopposed Motion for Extension of Time*
Order Granting Dept. of Justice 60 days to Intervene*
* Document published online at Internet Law & Regulation
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