FC: RIAA responds to EFF and Felten, complains of "publicity machine"

[Declan McCullagh <declan () well com>]

RIAA and SDMI said in late April that they never had any intention to sue
Felten & co. See their press release, backing away from their earlier stand:
http://www.politechbot.com/p-01968.html

Verance, also being sued in this new case, never made that same promise.
In fact, they declined to answer an invitation to reply on Politech.

But if Verance does made that pledge, does this mean EFF's suit would
be dismissed? (I am not saying this would be a good thing, since I'd
like to see what the courts decide.) My understanding is that the
Declaratory Judgment Act only applies to "cases of actual
controversy," and if the controversy evaporates, so does the suit. No?

More on lawsuit:
http://www.politechbot.com/p-02110.html
http://www.politechbot.com/cgi-bin/politech.cgi?name=felten

-Declan

---

http://www.riaa.org/PR_story.cfm?id=419
   
   Statement by RIAA's Cary Sherman on Felten Lawsuit
   
   Professor Feltens decision to sue the RIAA and the SDMI Foundation is
   inexplicable. We have unequivocally and repeatedly stated that we have
   no intention of bringing a lawsuit against Professor Felten or his
   colleagues. It seems that the professor, or the Electronic Frontier
   Foundation, would have preferred that we sue in order to keep their
   publicity machine running. Since we've said we have no issue with the
   publication of the Felten paper, they now resort to suing us to keep
   this issue alive.

---

http://www.eff.org/Legal/Cases/Felten_v_RIAA/20010606_eff_felten_riaa_reply.html
   
EFF Reply to RIAA Statement Regarding Felten Case

June 6, 2001

   The Electronic Frontier Foundation (EFF) and the plaintiffs have filed
   Felten v. RIAA because the RIAA threatened the scientific process.
   RIAA currently claims that they "have no intention of bringing a
   lawsuit against Professor Felten or his colleagues." However, RIAA
   attorneys spent nearly a month on the phone threatening litigation
   against everyone associated with publishing the research paper and
   demanding changes to the paper. RIAA attorneys only started issuing
   press statements to the contrary after they succeeded in squelching
   the scientists. (See the complaint.) Verance has never indicated a
   willingness to allow publication of the research paper.
   
   EFF and the plaintiffs seek not only publication of this research
   paper without fear of prosecution, but a clear legal determination
   that no one needs the permission of the record companies before
   publishing and presenting scientific work.



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