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.
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.
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