Wednesday, March 05, 2008

Magistrate recommends denial of defendants' motion to add counterclaims in Elektra v. Santangelo II

In Elektra v. Santangelo II, Magistrate Judge Fox has recommended denial of defendants' motion to amend their answer to add counterclaims, holding that the proposed claims did not satisfy the new pleading standards of Bell Atlantic v. Twombly.

The Magistrate also recommended that "Defendants, in any objections they might file in response to this Report and Recommendation, provide the Court with additional allegations, if any, they may have in support of the four proposed counterclaims that I recommend be dismissed without prejudice."

March 4, 2008, Order of Magistrate Judge Fox recommending denial of motion to add counterclaims*

* Document published online at Internet Law & Regulation

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


Anonymous said...

I recommend that Judge Fox be dismissed immediately With Prejudice for doing everything possible to prevent the average victim in this case from possibly deterring the record company's extra legal campaign of terror and extortion. And most of all for deciding that the Twombly standard is not applicable here. And for claiming that Trespass to Chattels be dismissed because of no harm to the Defendant. Dear Judge Fox, THIS LAWSUIT IS GREAT HARM!


Alter_Fritz said...

OFF TOPIC No need to publish ;-)

Hi Ray, not sure if you have seen this already on Jon's site.

Maybe you want to give those readers of your blog that are also shareholders of "well-known and respected record companies" again some tips about investing;

"Music Industry Gets Nailed Again"

In a rather amusing turn of events, Reznor told fans about other options, such as Amazon and -- get this -- BitTorrent and the "official upload" at Pirate Bay for the free offering of Ghosts I.[+] Giveaways like this are probably giving the traditional recording industry bigwigs, like Warner Music Group (NYSE: WMG), Universal, and Sony's (NYSE: SNE) and Bertelsmann's Sony BMG, metaphorical heart failure. Pointing fans to the industry's sworn enemy, Pirate Bay? Well, hoist the Jolly Roger, yarr.


raybeckerman said...

Thank you, alter-fritz....

I think off-topic things are ok from time to time.

But you're so smart, how come you don't know how to do a link?

raybeckerman said...

Better yet, here's Jon Newton's link.

Alter_Fritz said...

well as i said, off topic, no need to publish, that's why I was to lazy to type the few extra characters but if you insist ;-)

the one you missed

official torrent

Anonymous said...

I'm confused, is Judge Fox saying that the "counter claims" HAVE to follow Twombly but the "Claims" do not? After all if the claims don't follow Twombly then the case should be dissmissed with prejudice.