CORPORADOS

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RIAA BLOWS IT AGAIN

NY COUNTRY LAWYER - The decision many lawyers had been expecting - that
the RIAA's 'boilerplate' complaint fails to state a claim for relief
under the Copyright Act - has indeed come down, but from an unlikely
source. While the legal community has been looking towards a Manhattan
case (Elektra v. Barker) for guidance, the decision instead came from
Senior District Court Judge Rudi M. Brewster of the US District Court
for the Southern District of California. The decision handed down denied
a default judgment (i.e. the defendant had not even appeared in the
action). Judge Brewster not only denied the default judgment motion but
dismissed the complaint for failure to state a claim. Echoing the words
of Judge Karas at the oral argument in Barker, Judge Brewster held that
'Plaintiff here must present at least some facts to show the
plausibility of their allegations of copyright infringement against the
Defendant. However, other than the bare conclusory statement that on
"information and belief" Defendant has downloaded, distributed and/or
made available for distribution to the public copyrighted works,
Plaintiffs have presented no facts that would indicate that this
allegation is anything more than speculation.'"

http://yro.slashdot.org/article.pl?sid=07/09/13/221257&from=rss

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