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P2P Defendant Opposes UMG Case Dismissal
July 5, 2008
Thomas Mennecke
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Ms. Lindor is much like any one of the 20,000-plus individuals who received monetary demands from the music industry. Suspected of uploading or sharing copyrighted works on a P2P network, Mr. Lindor found herself in a legal dispute against the music label UMG. The case differs, however, when last month UMG filed a motion to have their case against her dismissed with prejudice.

A dismissed case is great news, right? Not quite. In a letter addressed to Judge Robert Levy, UMG's motion to dismiss is accompanied by a litany of accusations against the defendants and their attorney. According to the letter, the music industry was unable to continue with their investigation or case because the hard drive and the computer in question were destroyed.

The lawyer representing the music industry describes how the Lidors used "false statements and misdirection" to grind their case to a halt. According to the music industry, the Lindors were not honest whether there was a computer in the house during the time in question, what types of devices were used, and the current location of the equipment. The last point is rather moot, considering UMG has concluded that the suspected devices were destroyed - perhaps as recently as March of 2008.

UMG stated that without such evidence, proving their case would be impossible. In addition to dismissing the case without prejudice, UMG requested sanctions against the Lindors and their legal representation. Dismissing the case “without prejudice” allows UMG to once again engage Ms. Lindor in the future, if for example, new evidence against her is found.

Yesterday, the defense responded to the Plaintiff’s accusations. The defense wrote to the judge that they liked the idea of a voluntary dismissal, but not so much the “without prejudice” stipulation. Rather, the defense is looking to dismiss the case “with prejudice”, and to receive attorney fees. In stark contrast to UMG’s letter, the defense paints a stark picture of an innocent woman pursued by sinister agents of the music industry. Dismissing the case “with prejudice” would terminate proceedings against Ms. Lindor permanently.

“In order to attempt an end run around their obvious liability for attorneys fees, plaintiffs attempt to blame Ms. Lindor and the undersigned for the fact that they have sued an innocent person. However, their argument is lacking in logic.”

The accusations against the Lindors are represented as “ludicrous and baseless”, and as for UMG, “they seek to scurry away, rather than face the music. Justice requires that they be held accountable.”

Before ruling in either direction, the Judge overseeing the case may still want to know where that computer is, if it ever existed, and what happened to its contents. The defense claims it never existed, while UMG is dead sure of it.

This story is filed in these Slyck News categories
Legal/Courtroom :: Individual Lawsuits

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