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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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This article is over a month old, voting and posting comments is disabled

By sceptus on 9/16/2007 4:34:32 AM , Rating: 2
I agree this is a good ruling, because it prevents the RIAA from suing essentially an unlimited number of people for illegal downloading, and without reasonable cause.

But one thing doesn't make sense. People rejoice that the RIAA can no longer sue them, yet they still continue to commit the crime that they are supposedly guilty for!

So I think that when praising this ruling, one should take into consideration what precedent is being set. Should it be: now we can no longer be unjustly sued by the RIAA? Or should it be: now we can continue unhindered, pirating something that we should justly be paying for?




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