The motion to dismiss in Elektra v. Santangelo has been denied. The ruling came in a 6-page written decision by Judge Colleen McMahon.
The ruling means that Ms. Santangelo will have to file an answer, and go through pretrial discovery, and possibly a trial.
We are very disappointed in the Court's ruling.
The meaning of it, if other judges follow it, is that no one will be able to get
the RIAA's baseless lawsuits dismissed without going all through all the expense
and anguish of pretrial discovery, and either a summary judgment
motion or a trial.
It also means that no one will be able to get a Copyright Act attorneys fee award until after months or years of litigation.
As a result, it would be economically impossible to defend these lawsuits.
Under the federal rules, the order is not appealable, so it is the law of the case until a final judgment is obtained by the RIAA or by the defendant.
From this point on I will have to advise any litigants who are sued in Judge McMahon's Part, that they have no way of defending themselves without spending thousands, probably tens of thousands, of dollars.
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