4 ms·
I'm well aware of the differences between a motion to dismiss, summary judgment, and awards at trial. A ruling on a motion to dismiss shows that the law applies
by ikeboy 6y ago
I'm well aware of the differences between a motion to dismiss, summary judgment, and awards at trial. A ruling on a motion to dismiss shows that the law applies to a situation as alleged in the complaint.
As I said in the comment you originally responded to, damages are likely to be negligible, which is why I wouldn't bring such a claim.
You didn't explain what objection you had to the concept of tortious interference as it relates to a takedown request, so I just checked my database for examples of successful tortious interference claims at any stage. (I'm following over 100 similar cases where people or companies harmed by false infringement claims sued.) To the extent you were objecting because I lack a relevant contract, I don't see why the GitHub contract isn't sufficient. The biggest issue is damages.
And as I said above, the plan is to file a declaratory judgement claim, which definitely applies if I can get standing.
Whether a tortious interference claim would work depends on a number of factors including the exact details of a hypothetical RIAA takedown request, and as I said I don't plan on pursuing one anyway.