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Friday September 30, 2005

[H]ardNews 2nd Edition

Motion To Dismiss RIAA Lawsuit:

Lawyers, working through the Electronic Frontier Foundation, have filed another motion to dismiss in Federal court hoping to get one of the latest RIAA P2P suits thrown out of court. I am not a lawyer, but I like the argument:

The Complaint makes no attempt to describe the specific acts of infringement or the dates and times on which they allegedly occurred. Indeed, the Complaint does not allege any actual instances of downloading or distribution. Moreover, the allegation that defendant merely made these recordings available for distribution to others fails to state a copyright claim. It is well established that there is no liability for infringing upon the right of distribution unless copies of copyrighted works were actually disseminated to members of the public.