In an Oregon case, Elektra v. Perez, 2006 WL 3063493, a judge has denied a defendant's motion to dismiss the RIAA's complaint, saying that the RIAA's allegation of "making available for distribution" is sufficient:
Elektra v. Perez, October 26, 2005, Decision* (Also Reported at 2006 WL 3063493)
This is the first instance of which we are aware in which a judge has explicitly held that the RIAA's allegation of "making files available for distribution" is sufficient in and of itself to state a claim for relief under the Copyright Act. The decision contains no discussion of the Copyright Act, applicable case law, legal scholarship, or anything else that might give a clue as to how the judge came to agree with the RIAA. We will investigate further to see if the issue was briefed and, if so, how.
The judge also granted the RIAA's motion to voluntarily dismiss without prejudice. Since the dismissal was without prejudice, Mr. Perez was not permitted to get attorneys fees.
Other documents from court file:
Plaintiffs' memorandum of law*
Defendant's memorandum of law*
Plaintiffs' memorandum of law in support of initial motion to dismiss defendant's counterclaim for attorneys fees*
Defendant's memorandum of law in opposition to plaintiff's initial motion to dismiss defendant's counterclaim for attorneys fees*
* Document available online at Internet Law & Regulation
Commentary & discussion:
iMedia Law Blog
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