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January 2008

Twombly-izing RIAA

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Andrea Foster at the Chron reports on a pair of law students who are defending fellow university students sued by RIAA. Though I know of great IP defense work by groups like EFF and EPIC, I don’t believe law school clinics generally have been too involved in this particular area. The students argue

[T]hat the suit against John Doe No. 16 and 18 should be dismissed because it is too nebulous and broad. As a result, enforcement of the subpoena should be put on hold, they say. In a court brief filed last month, the two cite a 2007 Supreme Court case, Bell Atlantic Corp. v. Twombly, that said a complaint can be dismissed if it does not allege a specific and plausible claim of wrongdoing.

“The complaint lacks any facts—let alone proof of ‘substantial evidence’—to show the plausibility of plaintiffs’ allegation of copyright infringement,” the law students’ brief reads.

The article raises worries that “Lawmakers . . . have been attacking college officials for not doing enough to stop online swapping of music, even offering measures that would force colleges to buy software tools to curtail the activity. Having law students defend suspected copyright violators on campus might only exacerbate the criticism.” But the clinic is supposed to be educating students about cutting edge legal issues, and this seems like an appropriate learning opportunity (especially if the John Does can’t afford to defend themselves).
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