In Atlantic v. Njuguna, in South Carolina, defendant Catherine Njuguna has opposed the RIAA's motion for permission to amend its complaint to remove the "making available" claim and to add a "detecting an individual" claim. (See "RIAA jettisons its "making available" complaint in Atlantic v. Njuguna, asks Court to grant leave to amend complaint" (November 29, 2007))
Ms. Njuguna's lawyer, Jason Scott Luck of Charleston's Seibels Law Firm, pointed out in his opposition papers that the allegations of the proposed amended complaint are refuted by the RIAA's own sworn statements, including the fact that the RIAA's expert witness, Dr. Doug Jacobson, has testified under oath that -- contrary to the allegations of the proposed amended complaint -- the RIAA did not 'detect an individual'.
Defendant's response to RIAA's motion for permission to amend complaint*
* Document published online at Internet Law & Regulation
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