Here is some news on the case of the UMaine students being sued by the RIAA. A Rule 11 motion is not very common, and not often granted. But I recall the Judge in the case suggested she was not happy with some of RIAA’s tactics, so the motion may have a chance.
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RIAA wins a round
Those UMaine students challenging the RIAA failed in their effort to have the suit dismissed. Not sure how long the students plan to be in this battle, but it could go on for c.
Nine students at the University of Maine who are taking on the Recording Industry Association of America were rebuffed last week by a magistrate judge.
Margaret J. Kravchuk, a U.S. magistrate judge, sided with the recording-industry group. She recommended that the federal district court in Maine reject the students’ motion to dismiss the group’s lawsuit against them, saying that she disagreed with their reading of the 2007 Supreme Court case Bell Atlantic Corp v. Twombly
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Law students seeking to have RIAA suit dismissed
Two University of Maine law students are representing their fellow classmates against the Recording Industry Association of America (RIAA) in a file sharing suit. The RIAA filed a suit in October, apparently as a first step in pursing individual students who allegedly downloaded music illegally. The RIAA suit does not name individual students, but will use the case as a means to subpoena the school, then go after individuals.
The law students filed a Motion to Dismiss the suit based on a Supreme Court decision that rejected similar tactics.
The two student lawyers, Hannah Ames and Lisa Chmelecki, are part of the Cumberland Legal Aid Clinic, which allows third-year law students to gain legal experience while providing legal services for clients with low incomes, including college students.
Ames and Chmelecki have been sworn in before the court and practice under supervision of a faculty member, who must sign off on their briefs before they are filed with the court.
Here is the Supreme Court opinion. The article incorrectly identifies it as a May 21 decision.