Copyright Law

Counterclaims for extortion, conspiracy, trespass, consumer fraud & abuse, abuse of process upheld in Atlantic v. Boyer

By Ty Rogers and Ray Beckerman

In Atlantic v. Boyer, in Tampa, Florida, the RIAA's motion to dismiss counterclaims has been denied.

The counterclaims are for civil conspiracy, extortion, illegal investigations, computer fraud, trespass, deception, and abuse of process.

[Ed. note. From an examination of the court papers, it appears that the motion was made on May 5th, and denied on May 6th, and that the judge dispensed with defendant's need to file opposition papers. This fast turnaround is not surprising in view of the Court's having ruled on the very same counterclaims last year in UMG v. Del Cid. The only surprise is that the RIAA risked Rule 11 sanctions by making a dismissal motion in the first place. It argued, at pages 28-30, that UMG v. Del Cid had been "wrongly decided". If I were a client of Holme Roberts & Owen I would not be feeling too great about the representation I am receiving, right about now. -R.B.]

RIAA memorandum in support of motion to dismiss counterclaims*
May 6, 2008, Order and Opinion denying motion to dismiss counterclaims*

* Document published online at Internet Law & Regulation

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Full post as published by Recording Industry vs The People on May 06, 2008 (boomark / email).