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

Xperia X1

Video Review: Sony Ericsson Xperia X1

First Looks Editor Ian Williams gets hands on with the Sony Ericsson Xperia X1

iPhone

Video Review: iPhone 3GS

We put Apple's latest iPhone through its paces

IT white papers

Search white papers

Top categories

Poll

Poll: Summer smartphones

Poll: Summer smartphones

Which smartphone will you be taking to the beach this summer?

View poll results

Advertisement

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

Spotlight

HTC Hero

Hands on with the HTC Hero

V3.co.uk gets a walk through of the Hero, which includes...

NetGear ReadyNAS NVX

Review: NetGear ReadyNAS NVX

NetGear's four-bay compact network-attached storage gets a serious speed boost

AMD

AMD adds to six-core Opteron line up

New HE processors promise even lower power consumption

Adobe Systems

Adobe launches ColdFusion 9 and ColdFusion Builder

Firm promises enhanced developer productivity

Primary Navigation