RIAA tries to negate blunder
p2pnet news | RIAA News:- Warner Music, EMI, Vivendi Universal and Sony BMG’s RIAA legal beagles are finally realising they’ve been building their sue ‘em all house on clay foundations by churning out boilerplate complaints.
Now they’re trying desperately to shore it up .
“The legal community has been looking to a Manhattan case, Elektra v Barker, for guidance, a case in which amicus briefs had been submitted by various industry groups and the US Department of Justice, and Warner v Cassin, a similar motion in the same Court’s Westchester division,” posted Recording Industry vs The People’s Ray Beckerman yesterday, going on:
The decision instead came from senior district court Judge Rudi M. Brewster of the US District Court for the Southern District of California.
Judge Brewster not only denied a default judgment (the defendant had not even appeared in the action) but also dismissed the complaint for failure to state a claim.
Beckerman outlines further interesting developments.
He says:
On August 23, 2007, the RIAA filed an amended complaint.
Interestingly, the amended complaint (a) leaves out the phrase “making available”, (b) adds a phrase that plaintiffs “identified an individual” distributing files, even though their expert witness’s deposition testimony in UMG v Lindor specifically negated any claim that “an individual” was detected, and (c) adds a curious phrase that the defendant was “the individual responsible for that IP address at that date and time”, a phrase which would be of dubious significance in a copyright infringement context.
On August 30, 2007, the case was reassigned to Judge Hayes, due to Judge Brewster’s impending retirement.
August 30, 2007, Order of Reassignment*
Elektra v Barker
Ms Barker’s attorneys wrote to Judge Karas, before whom is pending Ms Barker’s own motion to dismiss complaint, notifying him about the August 17, 2007, decision in Rodriguez.
September 8, 2007, Letter of Ray Beckerman to Hon. Kenneth M. Karas Enclosing Copy of Interscope v. Rodriguez*
Warner v Cassin
Ms Cassin’s attorneys wrote to Judge Robinson, before whom is pending Ms Cassin’s own motion to dismiss complaint, notifying him about the August 17, 2007, decision in Rodriguez.
September 8, 2007, Letter of Ray Beckerman to Hon. Stephen C. Robinson Enclosing Copy of Interscope v. Rodriguez*
Stay tuned.
Also See:
yesterday – Judge slams RIAA ‘boilerplate’, September 10, 2007
further interesting developments – RIAA Abandons “Making Available” in Amended Complaint in Rodriguez case, September 10, 2007
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September 11th, 2007 at 8:26 am
“On August 30, 2007, the case was reassigned to Judge Hayes, due to Judge Brewster’s impending retirement.”
really? Crap finnally find a judge who takes them to task for their sloppy work and they still manage to get it moved to another.