Ray Beckermann has compiled a nice list of quotes
from judges who don't buy into the RIAA's flimsy evidence
. It makes for good reading. Here are just a few of the quotes, though you can read them all at Ray's site:
"[W]hen plaintiffs dismissed their claims in June 2007, they apparently had no more material evidence to support their claims than they did when they first contacted defendant in February 2005.....Whatever plaintiffs' reasons for the manner in which they have prosecuted this case, it does not appear to be justified as a reasonable exploration of the boundaries of copyright law....."
-Hon. Donald C. Ashmanskas
"[N]either the parties' submissions nor the Court's own research has revealed any case holding the mere owner of an internet account contributorily or vicariously liable for the infringing activities of third persons.....In addition to the weakness of the secondary copyright infringement claims against Ms. Foster, there is a question of the plaintiffs' motivations in pursuing them..... [T]here is an appearance that the plaintiffs initiated the secondary infringement claims to press Ms. Foster into settlement after they had ceased to believe she was a direct or "primary" infringer."
-Hon. Lee R. West
"Plaintiff ... must present at least some facts to show the plausibility of their allegations of copyright infringement.... 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 that 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...."
-Hon. Rudi M. Brewster
When the RIAA first chose to go down its legal path, many people simply assumed that judges would roll over and accept whatever "evidence" the RIAA came up with -- no matter how flimsy. The fact that judges are pushing back and questioning many of the RIAA's claims is good to see. If the RIAA has real evidence against people, that's one thing. However, so many of these cases are filed with incorrect or incomplete evidence, and the people accused are pushed very hard to simply settle rather than fight. It's good to see judges demanding actual evidence be presented.