09
September
2007
RIAA Complaint Dismissed! Judge Calls It "Boilerplate", "Conclusory", "Speculation"
In a default judgment case in Southern California, Interscope v. Rodriguez, a judge has dismissed the RIAA's "boilerplate" complaint for failing to state a claim upon which relief can be granted.
I.e., the decision is in agreement with the defendants' arguments in Elektra v. Barker and Warner v. Cassin.
The RIAA have known about the Interscope decision since August 17, 2007, but never disclosed its existence to Judge Robinson or to Judge Karas, the presiding judges in Cassin and in Barker.
In Interscope v. Rodriguez, Judge Rudi M. Brewster held as follows:
A plaintiff's obligation to provide the grounds of his 'entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level.
As such, 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.
- Posted by rbeckerman publicado em 2007-09-09 22:24
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