It is high time that these parasites of democracy where halted.
http://p2pnet.net/story/6415Here, the Complaint alleges in conclusory fashion and upon information and belief that defendant used "an online media distribution system" to download and distribute certain alleged copyrighted recordings to the public, and/or to make such recordings "available for distribution to others." Complaint, ¶ 12. The Complaint makes no attempt to describe the specific acts of infringement or the dates and times on which they allegedly occurred. Indeed, the Complaint does not allege any actual instances of downloading or distribution.
Moreover, the allegation that defendant merely made these recordings available for distribution to others fails to state a copyright claim. It is well established that there is no liability for infringing upon the right of distribution unless copies of copyrighted works were actually disseminated to members of the public. Arista Records, Inc. v. MP3Board, Inc., 00 Civ. 4660, 2002 WL 1997918 at *4 (S.D.N.Y. Aug. 29, 2002) ("nfringement of the distribution right requires an actual dissemination of ... copies") (emphasis added); National Car Rental System, Inc. v. Computer Associates International, Inc., 991 F.2d 426, 434 (8th Cir. 1993) ("nfringement of [the distribution right] requires an actual dissemination of either copies or phonorecords") (emphasis added) (citing 2 Nimmer on Copyright § 8.11[A], at 8-124); In re Napster, Inc., 377 F.Supp.2d 796, 802 (N.D.Cal. May 31, 2005) (copyright owner must prove that the defendant "actually disseminated" copies of the copyrighted work to members of the public).
So lets get this right folks they make an allegation backed up with no details such as the time the alleged infringing activity took place or in fact the names of the coyrighted file they allege where on the daughters PC and in the RIAA's eyes the mother is liable because she gave her daughter a PC, are these people mentaly defeicent ?
