New Dismissal Motion in File Sharing Case

NewYorkCountryLawyer writes "A new motion to dismiss an RIAA peer-to-peer file sharing case has been made, this time in Brooklyn federal court, in Atlantic v. Huggins, reports Recording Industry vs. The People. As in Elektra v. Santangelo, the RIAA had served a boilerplate complaint alleging generally 'downloading' ,uploading', and 'distributing', but without naming any specific acts. Defendants' lawyers argue that "the Complaint alleges in conclusory fashion and upon information and belief that defendant used "an online media distribution system" to download and distribute certain alleged copyrighted recordings to the public, and/or to make such recordings "available for distribution to others." but "makes no attempt to describe the specific acts of infringement or the dates and times on which they allegedly occurred.""

Comments

This is a very bad precedent.

[Anonymous Coward]

If this continues, we might start to see a rash of people defending themselves against lawsuits, rather than sticking to the time-tested system of out-of-court-settlements our nation is founded on. Who knows what effect that might have on our national justice system?