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The Courts

Submission + - How should I have responded to RIAA lawyer? 10

NewYorkCountryLawyer writes: "The RIAA's lawyers are a bit jumpy these days since their standard "making available" boilerplate was rejected by the Court in Interscope v. Rodriguez. But I still never expected, when I initiated a dismissal motion in Elektra v. Schwartz, that they would be reaching out to me , of all people, for help. But so they did, asking me "in the interest of efficiency... what precisely Defendant contends is lacking from Plaintiffs' Complaint for Defendant to consider it sufficient. Perhaps Plaintiffs may be able to satisfy these alleged deficiencies and spare both parties additional and unnecessary motions practice." Unfortunately my response was not very helpful; I couldn't think of anything better than to say, more or less, that "Plaintiffs have no case whatsoever against Ms. Schwartz, and their case against her was frivolous in its inception. Accordingly, there are no facts they can allege that will satisfy the plausibility standard." On reflection, I'm feeling kind of guilty that I didn't give them a more creative, and helpful answer, and I thought to turn to my friends at Slashdot, who are (a) almost always helpful, and (b) always creative. What would you have said?"

Comment Probable Cause? (Score 3, Interesting) 593

If you read the response from the record industry, Richard Altman is not an innocent bystander. According to the RIAA he has reinstalled Windows on his mom's computer several times and he was the one who delivered his mom's computer's hard drive to the RIAA. It is not like he has not been involved

The RIAA says that the hard drive they have is not the hard drive that was attached to the computer they are looking for, so they are looking at Richard Altman's computer equipment to see if he has the information they want.

Do they have probable cause to do this? I don't think so, but that is their argument.

-Matt

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