New York – Major record label EMI has asked the federal
judge overseeing its copyright infringement lawsuit against music locker
service MP3tunes to bar digital civil liberties group the Electronic Frontier
Foundation (EFF) from submitting a "friend of the court" brief in the
case, reported.

EMI argues the EFF brief is "a pure advocacy
piece, not a ‘friend of the court," and also that the brief is "duplicative,"
"contains unsupported speculation," and exceeds the court’s page
length restriction.

EMI later argues that, should EFF’s brief be allowed,
parties supporting EMI’s position should be allowed to submit additional

"Especially when it comes to cutting-edge tech and Internet
issues, it’s easy for courts and attorneys for the parties to focus on the
specific facts of the case at hand, when the decisions made in that trial can
affect the way people use all sorts of technology all across the country,"
Sherwin Siy, deputy legal director at Public Knowledge, which joined EFF in its
brief, told Wired.

"We’re disappointed that the plaintiffs think that the
court is better off without the larger technological and policy perspective
laid out in our brief."


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(DMW previous coverage)