Sunday, March 02, 2008

Motion to Dismiss Complaint for Failure to State a Claim Filed in New Indianapolis Case, Priority v. Vines

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

Commentary & discussion:
IT Business Edge
The Chronicle Online

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

1 comment:

Anonymous said...

The Defendant should add that the Plaintiffs are unable to prove their claims under any foreseeable set of circumstances. The "evidence" they have to this point is illegally gathered due to a lack of proper licensing of their investigators, they cannot identify a specific computer or user with it, the declarations of their so-called "experts" are deeply flawed and full of holes and inconsistencies, and even if Plaintiffs were to find the apparent infringing computer, they are unable under any circumstances to determine who was using it, or that it ever transferred files to anyone INCLUDING their investigators, since no logs of any such activity are kept by the software alleged to have been in use at the time. As such, Defendant should not be required to spend enormous amounts of money defending a claim that cannot prevail at trial.