Copyright Law

RIAA dismisses Warner v. Cassin, "making available" case

By Ty Rogers and Ray Beckerman

The RIAA has voluntarily dismissed Warner v. Cassin, the White Plains, New York, case in which a motion to dismiss the complaint has been pending since July, 2007.

Substantial briefing had taken place in the case over the "making available" issue, and further rulings were brought to the court's attention on the subject from such cases as Atlantic v. Brennan, Interscope v. Rodriguez, Elektra v. Barker, Arista v. Does 1-21, Atlantic v. Howell, and Capitol v. Thomas.

The notice states that the dismissal is "without prejudice".

However, Fed. R. Civ. P. 41 (B) states "if the plaintiff previously dismissed any federal-or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits." It is believed that the plaintiffs learned of the defendant's identity through a prior, "John Doe", proceeding, which it also voluntarily dismissed, so that the dismissal in this case "operates as an adjudication on the merits".

Although the notice was submitted on May 27th, signed by the Judge on June 4th, and entered by the Clerk on June 5th, we just learned of it today, June 11th.

Notice of dismissal, so ordered June 4, 2008*

* Document published online at Internet Law & Regulation

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Full post as published by Recording Industry vs The People on June 11, 2008 (boomark / email).