A new dismissal motion has been made, this time in Texas, in Arista Records v. Greubel, in the United States District Court, Northern District of Texas, Fort Worth Division.
In his motion papers Mr. Greubel argues that:
-the RIAA's attempt to recover $750 per song, while its actual damages are only 99 cents per song, is unconstitutional;
-since 2003 the RIAA has been actively engaged in "extortive and predatory litigation tactics" and misused the Courts to "create a veil of fear designed to frighten average consumers into paying thousands of dollars in settlements to avoid prolonged litigation";
-the RIAA's pleadings are "smoke and mirrors";
-the complaint lacks sufficient specificity;
-the "distribution right" upon which the RIAA vaguely relies does not apply to electronic transmissions; and
-even if it did, the mere act of making sound recordings available online does not constitute an actionable infringement.
Motion to Dismiss Complaint (Published at Internet Law & Regulation)
Mr. Greubel is represented by:
Mudd, Charles Lee, Jr.
Law Offices of Charles Lee Mudd Jr.
3344 North Albany Avenue
Chicago, Illinois 60618
Browning, John G.
Browning & Fleishman, P.C.
701 Commerce St., Suite 510
Dallas, Texas 75202
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