Legal Opinion
Abovepeer, Inc. v. Recording Industry Ass'n of America, Inc.
District Court, N.D. New York
Decided June 22, 2001No. 1:01-cv-00632PublishedCited by 3 opinions
1Opinion of the Court
ORDER
KAHN, District Judge.
Presently before the Court is Defendants’ motion to dismiss or, in the alternative, to stay or transfer Plaintiffs amended complaint pursuant to 28 U.S.C. § 1404(a). For the reasons stated herein, Defendants’ motion is denied.
I. BACKGROUND
Plaintiff owns and operates the Aimster system, a service through which users may exchange encrypted information or other data, including music, movies, pictures, software, and instant messages. The Recording Industry Association of America, Inc. (“the RIAA”) is a not-for-profit trade organization whose members engage in the…
2Cases cited21 opinions
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Factors Etc., Inc. And Boxcar Enterprises Inc. v. Pro Arts, Inc. And Stop and Shop Companies, Inc.Court of Appeals for the Second Circuit · 1978
- Nelson v. Adams USA, Inc.Supreme Court of the United States · 2000
- Cornwell v. RobinsonCourt of Appeals for the Second Circuit · 1994
- First City National Bank and Trust Company v. Freddy L. Simmons, and Herman Carter MoodyCourt of Appeals for the First Circuit · 1989
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3Cited by3 opinions
- Everest Capital Ltd. v. Everest Funds Management, L.L.C.District Court, S.D. New York · 2002
- Employers Ins. of Wausau v. News Corp.District Court, S.D. New York · 2006
- In Re DeepUnited States Bankruptcy Court, N.D. New York · 2002