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First New Dismissal Motion Against RIAA Complaint
NewYorkCountryLawyer writes "Several weeks ago it was discovered that a California federal judge, in rejecting an RIAA application for default judgment, had dismissed the RIAA's standard complaint for failure to state a claim, calling it "conclusory" "boilerplate" "speculation" in Interscope v. Rodriguez. In the wake of that decision a New York woman being sued in Brooklyn federal court, Rae J Schwartz, has told the Court that she is making a motion to dismiss the complaint in her case, Elektra v. Schwartz. This is the first post-Interscope challenge to the RIAA's boilerplate, of which we are aware. This is the same case in which the RIAA had sent a letter to the Judge falsely indicating that AOL had 'confirmed that defendant owned an internet access account through which copyrighted sound recordings were downloaded and distributed'. Ms. Schwartz suffers from Multiple Sclerosis, but the RIAA has pressed the case against her."
Oh, you don't understand.
......"
She's got a disease. She can't help having this disease, you know, you too can get a disease - then how would you feel? So, we go on, making the accused out to be a victim, and no matter what they did - the fact that they have a disease becomes the parmount fact. Attention is shifted from the alledged crime, into a pity party. The accused becomes the victim, and what hard-hearted person would convict a victim?
This approach works on drunks accused of driving and killing families, an ex-president accused of molesting and raping women, drug addicts who kill, and car vandals who get caught and claim that ADD somehow contributed to the spray paint they used to 'tag' a car. It's really a very versatile excuse. "It's not my fault, because
Personally, I'm inclined to throw the book at any idiot who uses this pathetic excuse. I think a reasonable person doesn't care what childhood experiences, social or economic background, race, creed, religion, sex or sexual orientation the accused has - we just want to know if they are guilty of the crime or not. I don't care if he's sick, poor, previously abused in a prior life, or wears elf shoes while doing Scottish dances. Do the crime, do the time.
I doubt I'm alone on this one.
Yes.
And this is why pretty hot female teachers having sex with 15 year old male students are not punished while handsome male teachers having sex with 15 year old female students go to prison for a decade.
Because the law is blind and impartial.
She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
bullshit. they don't pick on people because they are ill, its just anti-corporation communist pricks like you always highlight these cases to try and get sympathy for copyright thieves. How the fuck can you call yourself a lawyer?
anyone who makes a career out of defending people who steal music clearly has no morals at all. i wouldn't bother arguing with the dolt.