First New Dismissal Motion Against RIAA Complaint 155
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."
Re:It doesn't matter when the defendant suffers fr (Score:5, Funny)
Re:It doesn't matter when the defendant suffers fr (Score:4, Funny)
You've forgotten the most popular one for this group: real or imagined Asperger's or ADHD etc: license to troll and flame on Slashdot, AND right to take Highly Theatrical Umbrage when someone questions whether or not perhaps you're just annoying, instead.