After having both its motions for default judgment denied, in Atlantic Recording v. Brennan, the RIAA has filed a notice of voluntary dismissal.
Although the notice states it is "without prejudice", under the federal rules a second voluntary dismissal operates as an adjudication on the merits.
This would constitute the second voluntary dismissal, the first being in the "John Doe" case in which it obtained the defendant's name and address.
Atlantic v. Brennan was the first case, of which we are aware, in which a court explicitly rejected the RIAA's "making available" theory. That decision, handed down February 13, 2008, is reported at 534 F. Supp.2d 278. It preceded the decisions in Elektra v. Barker, London-Sire v. Does 1-4, Atlantic v. Howell, and Capitol v. Thomas.
Notice of Dismissal
Commentary & discussion:
Keywords: lawyer 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 portable music player