Monies Gifts, Not Loans, from Label to DJ

ABKCO Music & Records v. Montague, NYLJ 8/3/10 "Decision of Interest" (Sup. Ct., N.Y. Co. July 26, 2010).

"What is in dispute is whether certain funds transferred from ABKCO on an on-going basis at the direction of its founder and principal, Allen Klein (Klein) (now deceased), to Montague(s), were interest-free, uncollateralized loans or were they gifts or perhaps investments. Arrangements between the parties, if any, were remarkably informal, but now ABKCO seeks the return of several hundred thousand dollars claimed to be loans."

Court dismisses plaintiff's claims - no evidence these were loans.

R(ather) I(nteresting) A(rticle) A(ttached)

The New York Law Journal has an interesting article today about the RIAA chasing student infringers on college campuses. The article examines the University/Student relationship (in terms of privacy), and outlines policy concerns over both (i) the RIAA's actions, and (ii)the willingness of academic institutions to comply with discovery requests issued by the RIAA in John Doe infringement suits.

Also, the author draws a parallel between the RIAA's accusations against students for infringement (in their demand letters) and the Debtor/Creditor relationship. The article examines New York, California, and Federal law governing creditor practices.

[Donald N. David, "Privacy Needs Key Despite Music Piracy on Campuses"]