RIAA case dismissed as 'speculation'

Judge tells trade body to offer better evidence on P2P pirates

Matt Chapman

A US judge has told the Recording Industry Association of America (RIAA) that it needs to present more evidence of illegal file-sharing if it wants to prosecute individuals.

The RIAA had applied for judgement in the case of Interscope Records, UMG Recording and Atlantic Recording versus Yolanda Rodriguez, which had gone unanswered by the defendant.

Advertisement

However, US senior district court judge Rudi M Brewster said that the plaintiffs had not shown enough evidence to rule in their favour and referred to their case as "speculation".

"Plaintiff here must present at least some facts to show the plausibility of their allegations of copyright infringement against the defendant," said the judge.

"Other than the bare conclusory statement that on 'information and belief' defendant had 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 legal challenge was filed against Rodriguez on 14 November 2006, and a summons was served exactly one month later.

Rodriguez was accused of downloading copyrighted recordings and making them available for other internet users.

The record companies have 30 days from the judgement to amend the complaint and serve it again.

The RIAA has recently been countersued by an Oregon woman after the organisation withdrew a two-year legal case against her for alleged file sharing activity.

The trade body is also being pursued for legal costs by a mother accused of "secondary copyright infringement" because her IP address was used to download files.

  • Have your say
  • Send to a friend
  • Print
  • Digg
  • Reddit
  • Share

Tags:

Do you agree?

Further reading

Prince

Prince threatens pirate websites with legal action

This is what it sounds like when doves cry about piracy

YouTube restores Viacom-banned VH-1 clip

Uploading television clip that uses your own work is OK, says YouTube

Vodafone sounds out unlimited music downloads

MusicStation service offers all-you-can-eat for £1.99 a week

Apple slips security fix into iTunes update

Software exposes users to remote code execution vulnerability

Related whitepapers

Related jobs

Most watched

eu flag

V3.co.uk weekly debrief, 6 Nov 09

This week, Europe decides what to do with illegal file sharers

Intel unveils its micro server platform

Small-enclosure systems take aim at hosting market

Analysis and Reports

Remote access - Three steps to getting connected

3.4 million UK professionals now work from home – is your company equipped?

Cost benefits of a global collaboration network

This white paper is a must read for organisations looking for evidence of the bottom-line benefits of high-definition video and voice communications

Poll

Impact of Information Overload poll

Impact of Information Overload poll

What is the biggest problem your firm faces as a result of the data explosion?

View poll results

Advertisement

White paper library

Keep up to date with the latest products, services and technologies from the world's leading IT companies; IThound.com brings you over 6,000 white papers, case studies and analyst reports.

Advertisement

Newsletter signup

Sign up for our range of FREE newsletters:

Existing User

Newsletter user login:

Enter email address to edit your newsletter preferences

Job of the week

Search thousands of IT jobs :

Search thousands of IT jobs:

Advanced search

Hiring now on ComputingCareers:

Related IT jobs

Search thousands of IT jobs :

Search thousands of IT jobs:

Advanced search

Advertisement

Spotlight

Alcatel-Lucent logo

Summit: Networks swamped by information overload

Alcatel-Lucent's Neal Tilley talks about how enterprises and carriers can...

EU flag

Breach notification laws get green light

Privacy rights strengthened in Europe

Richard Thomas

Summit: Richard Thomas advises on handling the data deluge

Former Information Commissioner speaks out on government databases and data...

oracle sun

War of words escalates between EU and Oracle

Commission comes out fighting after criticism from Oracle and Washington

Primary Navigation