In a case of which we were unaware until today, Atlantic v. Serrano, a San Diego judge has denied the defendant's motion to dismiss the RIAA complaint and granted the RIAA's motion to dismiss all of defendant's counterclaims, including counterclaims for declaratory judgment of noninfringement, invasion of privacy, trespass to chattels, violation of computer fraud and abuse act, and intentional infliction of emotional distress.
Interestingly, this was the same court in which another judge, Judge Rudi Brewster, threw out the RIAA's complaint as "conclusory" "boilerplate" "speculation".
December 28, 2007, Order and Decision Denying Motion to Dismiss Complaint and Granting Motion to Dismiss Counterclaims*
* Document published online at Internet Law & Regulation
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