p2pnet news | RIAA News:- Judge David G. Larimer, presiding in Rochester, New York, has denied an RIAA application for default judgment on the ground the RIAA’s evidence was insufficient in that it contained no details of actual downloads or distributions, and no sufficient evidence that defendant was in fact Kazaa user “heavyjeffmc@KaZaA”.
The decision (pdf) concluded, “there are significant issues of fact regarding the identification of the defendant from his alleged ‘online media distribution system’ username”.
In case you’re unfamiliar with the term “online media distribution system”, that’s because it’s a term the RIAA coined four years ago to describe p2p file sharing accounts in its lawsuits.
The term isn’t known to have been used by anyone else anywhere else.
In August, a similar RIAA default judgment motion was denied on the ground that pleadings failed to allege sufficient factual details supporting a claim of copyright infringement in a San Diego, California, case, Interscope v Rodriguez.
Ray Beckerman – Recording Industry vs The People
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