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The Courts

+ - Has RIAA Abandoned "Making Available"?

Submitted by
NewYorkCountryLawyer
NewYorkCountryLawyer writes "The RIAA's standard complaint (pdf) was thrown out last month by a federal judge in California as so much "conclusory" "boilerplate" "speculation" in Interscope v. Rodriguez. Interestingly, the RIAA's amended complaint (pdf), filed six (6) days later, abandoned altogether the RIAA's "making available" argument, which it first formulated in defending the dismissal motion in Elektra v. Barker. This raises a number of questions, including (a) whether the RIAA is going to stick to this new form of complaint in future cases, (b) whether it is going to get into a different kind of trouble for some of its new allegations, such as its contention that the investigator "detected an individual" (contradicting the testimony of the RIAA's own expert witness) and the allegation that the defendant should be held liable because he or she is "the individual responsible for that IP address at that date and time", a phrase which would appear to be meaningless in a copyright infringement context, and (c) what tack defendants' lawyers should take (this was one lawyer's suggestion)."

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