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?"
NewYorkCountryLawyer writes: A federal judge in Tampa, Florida, has ruled that an RIAA defendant's counterclaim against the record companies for conspiracy to use unlicensed investigators, access private computer records without permission, and commit extortion, may move forward. The Court also sustained claims for violations of the federal Computer Fraud and Abuse Act as well as a claim under Florida law for deceptive and unfair trade practices. The decision (pdf) by Judge Richard A. Lazzara in UMG v. DelCid rejected, in its entirety, the RIAA's assertion of "Noerr Pennington" immunity, since that defense does not apply to "sham litigations", and Ms. Del Cid alleges that the RIAA's cases are "sham".