More moves to dismiss RIAA cases
p2pnet news | RIAA News:- The Interscope v Rodriguez decision dismissing the RIAA’s boilerplate complaint, and the $9,250-per-song-file verdict in Capitol v Thomas, have inspired some new dismissal motions in RIAA cases.
In Charleston, South Carolina, Catherine Njuguna has moved to dismiss on the basis of the legal insufficiency of the RIAA’s complaint and on constitutional grounds due to the excessive damages sought by the RIAA.
In Brooklyn, New York, MS victim Rae J Schwartz has moved to dismiss based solely on thecomplaint’s failure to state a claim under Rodriguez and the Supreme Court decision, Bell Atlantic v Twombly.
Ray Beckerman – Recording Industry vs The People
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October 22nd, 2007 at 8:33 am
its so insane that filesharing became worse then rape and pedohilia in 90% of the world with 1 stupid jury bribed by the music industry..
looks like some have braincells though, lets hope they dont loose them to dollar..
October 22nd, 2007 at 9:22 am
That will cost the watchdogs more money. Nice move to continue to use the same tactics they use against individuals. I fear it will not in the long hual change anything as they will do what they have already done elsewhere. That is to refile another paper, more narrowly stating their claims.
There is the possiblity in refiling those narrower claims that some errors will result opening new doors to attack at. There is also another issue that might get lucky to see the light of day, which are the copyright claims. I don’t have a lot of hope for that as was seen it was attempted to be disguised under a mass of submissions. I think I remember the mention of some 800 pages for proof of ownership to the copyright. If memory serves correctly it was finally allowed that someone step up to swear that they owned rather than the time alloted to search to copyright for just what it did say.