RIAA Complaint Dismissed as "Boilerplate"

NewYorkCountryLawyer writes "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 (pdf) 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.'"

Comments

Re:magine that riaa

[rozz]

you can't change reality with a lawsuit

reality: your business model is history

think up a new business model, and stop trying to prop up the dead one with the court system

a new business model means less money? too bad. the golden age is over. fucking deal with it and stop sending your barking dogs to terrorize little people in your rage and frustration and denial if that is not a clear "100% Insightful", I don't know what is ... but then, when you check the moderation, surprise, surprise:
    60% Insightful
    20% Flamebait
    10% Redundant

  so many RIAA lackeys modding around here ?!