Neowin.net - U.S. judge pokes hole in file-sharing lawsuit

U.S. judge pokes hole in file-sharing lawsuit

Posted by Steven Parker on 26 February 2008 - 13:32 · 13 comments & 6737 views

The ruling was handed down in a case filed a year ago against Christopher David Brennan of Waterford, Connecticut, by plaintiffs Atlantic Recording, Electra Entertainment Group, Interscope Records, Sony BMG Music Entertainment, and BMG Music.

The record companies allege that Brennan infringed on copyrights they hold by having some 2,071 songs on his PC, including Hootie and the Blowfish's "Drowning" and Billy Joel's "Don't Ask Me Why."

Court records show that Brennan's mother was served a notice that he needed to appear in court, but he never showed up. So the record labels asked for a default judgment, which would have meant Brennan would have to pay the labels for each infringing file, among other remedies. In their original complaint, filed in U.S. District Court for Connecticut, the record labels alleged that Brennan used an "online media distribution system" to "make...available" copyrighted recordings.

But on Feb. 13, U.S. District Judge Janet Bond Arterton denied granting a default judgment, writing that the record labels failed to show Brennan was actually distributing copies of songs, which he said is what is against the law. The record labels' "allegations of infringement lack any factual grounding whatsoever" and adding that the suit has a "nonexistent factual record," Arterton wrote.

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(2 replies) #1 Posted by 4tehlulz on 26 Feb 2008 - 13:39: RIAA: Wait, you mean we have to prove our accusations, and they have to be illegal too? DAMN YOU ACTIVIST JUDGES!

#2 Posted by pacifica on 26 Feb 2008 - 14:05: hey RIAA....BWAHAHAHAHAHAHAHAHAHA!

#3 Posted by zeta_immersion on 26 Feb 2008 - 15:23: Nice ... i mean ... ohooo .. Doh

#4 Posted by cork1958 on 26 Feb 2008 - 16:05: Now this sounds like an intelligent, and probably not paid off, judge!

#5 Posted by Nose Nuggets on 26 Feb 2008 - 17:34: this is from the onion or something right....

#6 Posted by X'tyfe on 26 Feb 2008 - 17:34: im never going to stop laughing at the RIAA's shenanigans

#7 Posted by Ogmius on 26 Feb 2008 - 18:26: Our Shenanigans are cheeky and fun but the RIAA's are cruel and tragic.... I'd like to pistol whip the RIAA for their Shenanigans

#8 Posted by Tzimisce on 26 Feb 2008 - 21:20: Thank you Judge!

#9 Posted by +Berserk87 on 26 Feb 2008 - 21:22: i assumed this happened in Canada since he didnt have to pay $10 Billion Jillion dollars, but i was wrong oO

#10 Posted by EvilDMT on 26 Feb 2008 - 23:56: Finally someone is listening.. excellent *mr burns style*

#11 Posted by Glen on 27 Feb 2008 - 00:24: Being the pessimist that I am, I'm guessing the judge is probably up for re-election and this probably won't set a precedent in our legal system. In any case, it will be interesting to see the validity of this verdict in the long run.

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