Yet another motion to dismiss a complaint has been denied in Texas, again with the judge saying that he has "incomplete understanding of the P2P technology at this stage" to decide whether or not "the mere presence of copyrighted sound recordings in Defendant's share file constitutes infringement."
This was in Fonovisa v. Alvarez in Abilene, Texas.
Decision and order denying motion to dismiss complaint*
Once again the judge has ruled that the defendant must go through the expense of pretrial discovery before he can have a sufficient "understanding" to decide the issues.
This is the same conclusion reached in Waco, Texas, in Warner v. Payne, and in Arizona in Interscope v. Duty.
*Document published online at Internet Law & Regulation
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