RIAA Lawsuits and Noerr-Pennington Immunity

Abstract

This paper considers whether the voluminous RIAA filesharing litigation would be entitled to Noerr-Pennington Immunity if it otherwise ran afoul of antitrust law, ultimately concluding that, under the Sham Exception to the Noerr-Pennington doctrine, it would not.

Keywords: RIAA, filesharing, lawsuit, litigation, Noerr-Pennington, antitrust, sham exception