Citation Edit

Interscope Records v. Duty, 2006 WL 988086, 2006 US Dist. LEXIS 20214 (D. Ariz. Apr. 14, 2006) (full-text).

Trial Court Proceedings Edit

In an unsuccessful motion to dismiss, the defendant, Duty, argued that despite the existence of unlicensed music files in the Kazaa “sharing” file on her computer, she could not be held liable for distributing those recordings because “there is no liability for infringing upon the right of distribution unless copies of copyrighted works were actually disseminated to members of the public.”

The judge disagreed. He ruled that “the mere presence of copyrighted sound recordings in Duty’s share file may constitute copyright infringement.”

The judge dismissed Duty’s counterclaims for invasion of privacy and abuse of process.

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