Another Motion to Dismiss Complaint Denied in Texas…Court has “Incomplete Knowledge of Technology”

Yet another motion to dismiss a complaint has been denied in Texas, again with the judge saying that he has “incomplete understanding of the P2P technology at this stage” to decide whether or not “the mere presence of copyrighted sound recordings in Defendant’s share file constitutes infringement.”

This was in Fonovisa v. Alvarez in Abilene, Texas.

Decision and order denying motion to dismiss complaint*

Once again the judge has ruled that the defendant must go through the expense of pretrial discovery before he can have a sufficient “understanding” to decide the issues.