Copyright Law

Second default judgment motion rejected in Atlantic Recording v. Brennan, this time based on defective service of papers

By Ty Rogers and Ray Beckerman

In the landmark February 13, 2008, decision in Atlantic Recording v. Brennan, reported at 534 F. Supp. 2d 278, District Judge Janet Bond Atherton of the District of Connecticut denied an RIAA motion for default judgment on a number of grounds, one of which was her rejection of the RIAA's theory that there could be a violation of the distribution right just by 'making available'. The decision was the first in a string of decisions to reject the RIAA's 'making available' theory, and to apply the principle that there must be an actual distribution to implicate the distribution right.

The RIAA thereafter moved for "reconsideration", participating in a one-sided oral argument. The "reconsideration" motion was denied.

Subsequently the RIAA amended their complaint and moved again for a default judgment.

On December 10th, their second motion for a default judgment was denied, this time because they had failed to make proper service as they had been instructed to do.

December 10, 2008, decision denying motion for default judgment

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Full post as published by Recording Industry vs The People on December 12, 2008 (boomark / email).