Copyright Law

RIAA voluntarily dismisses Atlantic Recording v. Brennan

By Ty Rogers and Ray Beckerman

After having both its motions for default judgment denied, in Atlantic Recording v. Brennan, the RIAA has filed a notice of voluntary dismissal.

Although the notice states it is "without prejudice", under the federal rules a second voluntary dismissal operates as an adjudication on the merits.

This would constitute the second voluntary dismissal, the first being in the "John Doe" case in which it obtained the defendant's name and address.

Atlantic v. Brennan was the first case, of which we are aware, in which a court explicitly rejected the RIAA's "making available" theory. That decision, handed down February 13, 2008, is reported at 534 F. Supp.2d 278. It preceded the decisions in Elektra v. Barker, London-Sire v. Does 1-4, Atlantic v. Howell, and Capitol v. Thomas.

Notice of Dismissal

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Full post as published by Recording Industry vs The People on January 08, 2009 (boomark / email).