Earlier this month, ZeroPaid reported on the racketeering lawsuit amendment. It seems as though the Recording Industry Association of America wasn't too happy with the lawsuit and has responded to the claims.For a quick recap, the lawsuit against the RIAA is for alleged racketeering. The activities the RIAA is being accused of include hiring an unlicensed investigator and forcing people to settle whether guilty or not based on flimsy evidence. While there is some doubt on whether or not this lawsuit would survive on the part of some, it seems as though there are those willing to fight the RIAA anyway. Now, the RIAA has responded (PDF - hosted by Wired) to the case calling the lawsuit scandalous and hyperbolic: Plaintiff has filed a massive complaint that is anything but the short and plain statement envisioned by Rule 8 and ordered by this Court. The document is now 108 pages with 353 paragraphs. It not only does not limit the causes of action at issue, but rather it adds several new claims. Nor does it clarify what facts support which claims or what claims are asserted against which Defendants. Instead, one of the ways in which the Second Amended Complaint appears to try to remedy the deficiencies of the First Amended Complaint is by adding significant verbiage that has little to do with the current Plaintiff and that relates to matters, even if true, caused this Plaintiff no harm. And, although short on specific allegations relevant to the claims that it attempts to plead, the document is long on rhetoric, hyperbole, and scandalous allegations that appear calculated not to state viable causes of action but rather to garner maximum press coverage, which it has done. The document further states: Plaintiff wants to take broad discovery, apparently including fact-finding regarding hundreds of cases outside of hers, from all Defendants regarding all of the purported claims simultaneously. Defendants, on the other hand, seek an approach that would allow the Court to narrow the case by carving out a large number of the claims that should be amenable to a prompt resolution with limited or no discovery. Clearly, the RIAA isn't happy about being sued, though it's doubtful that this would be a surprise to anyone. David Kravets on Wired's Threat Level notes, "Whether the judge will allow the RIAA to argue their latest filing is unclear. Judge Brown had said she did not want to hear a renewed motion to dismiss from the RIAA." Hat tip: Threat Level |
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