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."

Comments

Re:Slight problem here

[NewYorkCountryLawyer]

Although it may be true that Interscope v. Rodriguez may be valid in the jurisdiction for which it was issued, there's no obligation upon any other jurisdiction to follow it..... Except that the Interscope decision is based on Bell Atlantic v. Twombly, which is a decision of the United States Supreme Court, and binding on every court. And it is clear that the RIAA's standard complaint does not satisfy the 'plausibility' standard of Twombly.