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

MS?

[mollymoo]

Ms. Schwartz suffers from Multiple Sclerosis, but the RIAA has pressed the case against her.

What does her having MS have to do with the price of fish? The way it's phrased ("...but the RIAA has pressed the case...") seems to be suggesting that people with debilitating conditions should be above the law.

Re:It doesn't matter when the defendant suffers fr

[Mayhem178]

Was just about to post this exact thing. Ditto on everything the parent said.