Case Details
A motion to dismiss has been filed, stating that "the Courts have consistently required specific acts of copying, and the dates and times of those acts", and the complainant isn't providing those. The plaintiff's response is that the specific files were listed, and that specific times of violations aren't needed, because there is "an ongoing and continuous infringement". This is in conflict with Mrs. Santangelo's statements on the record that the computer's disk has been reformatted because of "a lot of major viruses", and that her ex-husband is now in possession of the computer. RIAA then made the unusual request to have a second oral argument session and to submit an additional surreply. The motion to dismiss the case was denied on 28 November 2005.
The Elektra sought to dismiss the case "without prejudice" but the Court denied the motion, saying that the RIAA could either dismiss the case with prejudice or proceed to trial. On April 9, 2007, a stipulation of discontinuance with prejudice was entered. Three days later the case was dismmised by a federal judge with prejudice, which means that Santangelo was the prevailing party and therefore eligible to file a motion to recover attorneys' fees.
Elektra proceeded to file suits against Santangelo's son and daughter (Robert and Michelle) based on evidence obtained during the original proceedings. According to legal documents Michelle Santagelo did not respond to this case and a default judgment of $30,750 was approved in favor of Elektra/RIAA.
Robert, however, has not settled. He is also represented by Jordan Glass and is raising 32 defenses including arguments that he didn't send copyrighted files to others, the recording companies originally promoted file sharing, the statute of limitations had passed, and that all of the music on his computer had been owned on CD by his sister. He is counter-suing the record companies for violating antitrust laws, conspiring to defraud the courts, and making extortionate threats.
Read more about this topic: Elektra V. Santangelo
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