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A New York Judge has held that an Recording Industry Association of America case against an alleged peer-2-peer file swapper must fail as there was insufficient evidence. Judge David G. Larimer, presiding in Rochester, New York, has denied the RIAA application for default judgment on the ground the claim contained no details of actual downloads or distributions, and no sufficient evidence that defendant was in fact Kazaa user ‘heavyjeffmc@KaZaA.’ The Judge concluded that “there are significant issues of fact regarding the identification of the defendant from his alleged “online media distribution system” username. In August a similar RIAA default judgment motion was denied on the ground that the pleadings failed to allege sufficient factual details supporting a claim of copyright infringement, in a San Diego, California, case Interscope v Rodriguez.

http://yro.slashdot.org/article.pl?sid=07/10/28/0257218

http://www.ilrweb.com/viewILRPDF.asp?filename=atlantic_dangler_071023DecisionDenyDefaultJudgmentMotion