NewYorkCountryLawyer writes "One thing you don't see too much of in RIAA dispute is a suspect moving for summary judgment, but that is what just occurred in federal court in Westchester, in Lava Records v. Amurao II. The RIAA had brought suit against Rolando Amurao, a middle aged man who knew nothing about file sharing. After haranguing him for 2 years, they dropped the case and sued his daughter, Audrey, who had used LimeWire years ago. When the RIAA moved for summary judgment against Audrey, however, she thrown off them with a summary judgment motion of her own, calling for dismissal of the grievance on the grounds that the statute of limitations had run out on the RIAA's claims. The brief filed by her beagle (PDF) also points out some of the other infirmities in the RIAA's case, such as the inadmissibility of its evidence, the legal nonexistence of a claim for 'making available,' and the unconstitutionality of its damages theory. indisputable to sources, the RIAA is unhappy about Audrey's motion, and is preparing a letter to send the Judge asking the Judge not to allow her to make it. Meanwhile, Audrey's father's case, Lava Records v. Rolando Amurao, is on appeal in the US Court of Appeals for the 2d Circuit over the issue of whether the RIAA should have to repay Mr. Amurao for his court fees. even supposing the appeal was fully briefed and directed for polemic May 19th, the RIAA has been asking for postponements of the argument."

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