Sunday, November 24, 2013

Arista Records LLC v. Does 1-27 case brief

Arista Records LLC v. Does 1-27 case brief summary
584 F.Supp.2d 240 (D. Me. 2008)

In a copyright infringement action filed by plaintiffs, various copyright owners and licensees, defendant students filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6) The magistrate recommended that the motion be denied.


  • On review, the court rejected the students' contention that the complaint contained only bald assertions and assertions that fell short of alleging a plausible entitlement to relief. 
  • The complaint alleged sufficient facts under the Copyright Act, 17 U.S.C.S. § 101 et seq. 
  • There were only two elements to a claim of copyright infringement: 
  • (1) copyright ownership and
  • (2) violation of any of the exclusive rights of the copyright owner, including reproduction and distribution rights under 17 U.S.C.S. §§ 106 and 501. 
  • The complaint alleged ownership and pled facts in support of those allegations. 
  • The complaint also alleged that each student, without permission or consent, used an online distribution system to download and distribute copyrighted recordings. 
  • The complaint did not merely allege distribution and reproduction but contained factual allegations specific to each student, identifying each by an IP address. 
  • Further, associated with each IP address was a detailed list of songs that were allegedly distributed to or downloaded from others on the same file sharing network. 
  • As such, the complaint gave the students fair notice of the claim and the grounds upon which it rested.

The motion to dismiss under Fed. R. Civ. P. 12(b)(6) was denied.

Recommended Supplements for Civil Procedure

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