NewYorkCountryLawyer writes: "The decision many lawyers had been expecting — that the RIAA's "boilerplate" complaint fails to state a claim for relief under the Copyright Act — has indeed come down, but from an unlikely source. While the legal community has been looking towards a Manhattan case, Elektra v. Barker, for guidance, a case in which amicus briefs had been submitted by various industry groups and the US Department of Justice (see case file, and from Warner v. Cassin, a similar motion in the same Court's Westchester division, the decision instead came from Senior District Court Judge Rudi M. Brewster of the US District Court for the Southern District of California, in a decision denying a default judgment (i.e. the defendant had not even appeared in the action). Judge Brewster not only denied the default judgment motion but dismissed the complaint for failure to state a claim. Echoing the words of Judge Karas at the oral argument in Barker , Judge Brewster held (pdf) that "Plaintiff here must present at least some facts to show the plausibility of their allegations of copyright infringement against the Defendant. However, other than the bare conclusory statement that on "information and belief" Defendant has downloaded, distributed and/or made available for distribution to the public copyrighted works, Plaintiffs have presented no facts that would indicate that this allegation is anything more than speculation. The complaint is simply a boilerplate listing of the elements of copyright infringement without any facts pertaining specifically to the instant Defendant. The Court therefore finds that the complaint fails to sufficiently state a claim upon which relief can be granted and entry of default judgment is not warranted.""
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