KAHULUI, Hawaii, April 19, 2005 (PRIMEZONE) -- Michael Jay Rossi, President of InternetMovies.com Inc., has filed a Writ of Certiorari to the U.S. 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 Ninth Circuit Court ruled that good faith belief under the Digital Millennium Copyright Act (DMCA) is subjective and not objective. According to Rossi, "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 states, "Applying the subjective good faith standard of #512(c) and viewing the record in the light most favorable to Rossi, Rossi failed to raise a genuine issue of material fact regarding the MPAA's violation of the DMCA." http://www.internetmovies.com/DMCA_9th_circuit_ruling_04.htm
According to Rossi, his attorney James Fosbinder did indeed raise a genuine issue of material fact regarding the MPAA's violation of the DMCA. Fosbinder states in his Appellant's Opening Brief to the 9th Circuit Court, "Plaintiff Rossi did not ever offer any movies for download from his site, contrary to the MPAA's express statements to the contrary in their violation letters, and in fact he could not have done so given the server space available for his site at that time. Interestingly, one of the movies he was accused of having available for download in 2001, 'Lord of the Rings, The Return of the King' did not even come out until December of 2003!" http://www.internetmovies.com/rossi-vs-mpaa-opening-brf-9th-circuit.htm
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." Rossi's 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!"
According to Rossi, "My fear 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."