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The RIAA's days of getting guilty verdicts rubber stamped is at an end.  (Source: images.jupiterimages.com)
The RIAA loses a precedent-setting case, Interscope v. Rodriguez, in Southern California.

A judge in Southern California made no friends in the RIAA when she handed down a precedent-setting verdict that cleared the defendant all charges in the case Interscope v. Rodriguez.

Since the early days of P2P file-sharing the RIAA has made a questionable name for itself as a legal bulldog, issuing thousands of lawsuits against individuals each year. 

Typically the RIAA accused these individuals of downloading and/or distributing copyrighted works.  These statements often were followed by little evidence and sometimes came against people that had no apparent access to a computer.

One such case occurred in 2005 when the RIAA took up a case against 83-year-old deceased great-grandmother in West Virginia.  The RIAA was unaware that the woman had passed away in December, 2004.  Ironically, her daughter testified that her mother did not ever own a computer, and had no access to one.

After the case gained national attention, the RIAA issued the foot-in-mouth reply, "Our evidence gathering and our subsequent legal actions all were initiated weeks and even months ago.  We will now, of course, obviously dismiss this case."

Since then the RIAA has continued to take individuals to court, many of whom settled out of court privately, for thousands of dollars.

The Interscope v. Rodriguez was considered a typical RIAA case “boilerplate” complaint.  The RIAA accused the defendant, Yolanda Rodriguez, of downloading and distributing copyrighted works, but did not offer any specific evidence or proof of its claims.

As the defendant did not present himself in court, a default judgment ruling was held.  The presiding judge, Judge Brewster, shocked the RIAA by not only denying a default monetary judgment, but also completing dismissing the case for failure to state a claim.

Judge Brewster is on record as stating:
"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 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."
This is a landmark ruling, as new defendants will now have some legal precedent and successful framework to challenge the RIAA in court.

The RIAA has made a name for itself by continually coming up with creative new ways of trying to make money of music listeners, via litigation and marketing gimmicks.  It has tried everything from lawsuits, to "ringles" its new ringtone-single campaign, to make up for falling record sales.


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RE: Not really a precedent
By tcsenter on 9/15/2007 4:35:00 PM , Rating: 2
quote:
This can be used as a basis for judgment by other cases across the nation but it is far from a precedent. Other cases may try to plea "I request this case be dismissed based on the same standing of Interscope v. Rodriguez in California which was recently dismissed due to lack of evidence against the defendant.
The case was not dismissed. It is still alive and well on the court's docket. RIAA has already filed the amended complaint and the clock is ticking for the defendant to respond within 20 days of being served with the amended lawsuit.

The case is merely on hold, waiting for the defendant to respond. Since defendant didn't respond to the original lawsuit, there is little reason to believe he would this time. At which point, RIAA will get its default judgement, provided it has fixed those portions of its complaint the judge found lacking (and there is little reason to believe it has not).


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