Rossi sues the MPAA

p2pnet.net News:- Michael Jay Rossi is back. And this time he?s suing the movie industry cartel.

That was his New Year?s resolution and he?s followed through by filing a writ with the US Supreme Court to review his case, Rossi vs Motion Picture Association of America (MPAA), for the wrongful shutdown of his Website, http://www.InternetMovies.com in 2001.

The MPAA?s legal heavies had him pirating Lord of the Rings - Return of the King, basing their claims on ?information received? ? that?s to say they acted on data dredged up by 'Ranger' detection software which ?proved? Rossi had made Return of the King available for ?illegal download?.

So the MPAA has his site shut down under the DMCA (Digital Millennium Copyright Act ) for alleged piracy and copyright violation.

The trouble was, as incredible as it may seem, all this happened nine months before the first in the Ring series had even been completed.

The MPAA in effect says even though it was wrong, it was acting in good faith so it was OK to shut Rossi down.

Rossi, however, is arguing, ?The Ninth Circuit Court's subjective interpretation of good faith belief stated in the DMCA is unconstitutional, allowing copyright holders to abuse people's rights without conducting proper investigation on alleged violations."

In the Ninth Circuit ruling, Judge Johnnie B. Rawlinson also states, "The record reflects that the MPAA's actions were certainly not beyond all bounds of decency in communicating with Rossi and Rossi's ISP,? says Rossi.

And his question to the Supreme Court now is, "How can the MPAA's communication that I was distributing a movie from 3 years in the future not be beyond all bounds of decency in communicating with me and my ISP?" Rossi believes, "The Ninth Circuit had to have overlooked my attorneys opening brief, which pointed out my alleged time travel abilities!"

"My fear,? he says, ?is that if the Ninth Circuit court's ruling that the DMCA Good Faith standard is subjective is not overturned, is that copyright owners will continue to abuse the law unjustly shutting down online publications like mine giving them an unfair advantage in the marketplace and abridging free speech. Also in danger is the right given by the Fifth Amendment to due process in cases of lost life, liberty or property. The freedom to defend oneself is being curtailed by the 'shoot now, ask later' style of shutting people down when offenses may not be occurring. Any industry or person should not have the power to curb the rights of another under the protection of the DMCA's subjective interpretation of good faith belief."