NewYorkCountryLawyer writes "Arguing that the RIAA and big record labels may be misusing their copyrights, the Electronic Frontier Foundation has jumped in on the defendant's side in a White Plains, New York, court conflict. The case is Lava v. Amurao, and the EFF will be defending Mr. Amurao's right to counterclaim for copyright misuse. EFF argued that the RIAA, by deliberately bringing meritless cases against innocent people based on theories of 'secondary liability', are abusing their copyrights. In its amicus brief, EFF also decried (just as when it joined the ACLU, Public Citizen, and others on the side of Debbie Foster in Capitol v. Foster) the RIAA's 'driftnet' litigation strategy. They argue that the declaratory judgment remedy must also be made available to defendants, in view of the RIAA's habit of dropping the meritless cases it started but can't finish."