In a new Indianapolis, Indiana, case, Priority v. Vines, the defendant has made a motion to dismiss the complaint for failure to state a claim, citing Bell Atlantic v. Twombly, Interscope v. Rodriguez (2007 WL 2408484), and the recent Connecticut decision which rejected the RIAA's "making available" theory, Atlantic v. Brennan (__ F.Supp.2d __, 2008 WL 445819), among other authorities.
The defendant is represented by Matthew Foster and Carrie N. Lynn of Indiana Legal Services, Inc. Mr. Foster is the attorney who first brought Atlantic v. Brennan to the attention of "Recording Industry vs. The People".
Defendant's Brief in Support of Motion to Dismiss for Failure to State a Claim*
* Document published online at Internet Law & Regulation
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