Here are some further developments relating to Interscope v. Rodriguez, the San Diego, California, default judgment case in which the RIAA's complaint was dismissed for failure to state a claim.
Interscope v. Rodriguez
On August 23, 2007, the RIAA filed an amended complaint. Interestingly, the amended complaint (a) leaves out the phrase "making available", (b) adds a phrase that plaintiffs "identified an individual" distributing files, even though their expert witness's deposition testimony in UMG v. Lindor specifically negated any claim that "an individual" was detected, and (c) adds a curious phrase that the defendant was "the individual responsible for that IP address at that date and time", a phrase which would be of dubious significance in a copyright infringement context.
On August 30, 2007, the case was reassigned to Judge Hayes, due to Judge Brewster's impending retirement.
August 30, 2007, Order of Reassignment*
Elektra v. Barker
Ms. Barker's attorneys wrote to Judge Karas, before whom is pending Ms. Barker's own motion to dismiss complaint, notifying him about the August 17, 2007, decision in Rodriguez.
September 8, 2007, Letter of Ray Beckerman to Hon. Kenneth M. Karas Enclosing Copy of Interscope v. Rodriguez*
Warner v. Cassin
Ms. Cassin's attorneys wrote to Judge Robinson, before whom is pending Ms. Cassin's own motion to dismiss complaint, notifying him about the August 17, 2007, decision in Rodriguez.
September 8, 2007, Letter of Ray Beckerman to Hon. Stephen C. Robinson Enclosing Copy of Interscope v. Rodriguez*
* Document published online at Internet Law & Regulation
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