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

THEY HAVE YOU COLD

[sullyfish]

They have downloaded one or many files (or even just a partial) from your computer. Of course it is legal for them to download. They OWN the music, see? Now that they have a file from you, they analyze it. There is digital information in the file that proves that it has been transfered over the internet and how many times. So....... you got it from the internet and you made it available through the internet to anyone who wanted it, and THEY CAN PROVE IT. That's it,you're done. I have an idea about how to combat this RIAA inquisition. Feel free to tell me I'm nuts, or critique my idea- The second you get a notice that you are being sued........ run out and buy a wireless router. Go to court and say " I personally didn't download OR upload anything illegal AND nobody in my houshold used my computer to do so either. Someone must have snuck onto my network. 90 % of all wireless home networks are not secure so I am not criminally negligent AND I am inocent of copyright infringement" TADA !!!!!

Nelson Mandela

[dsanfte]

Nelson Mandela was a martyr for the cause of South African liberty. He (obviously) didn't die.

Liberty of course means liberty in the classical sense: freedom from the racist, near-genocidal oppression of the Apartheid government, as opposed to freedom to hand out no-bid contracts to your friends at Haliburton.