Copyright Law

In Capitol v. Weed court dismisses certain counterclaims, sustains civil conspiracy, abuse of process, invasion of privacy claims

By Ty Rogers and Ray Beckerman

In Capitol v. Weed, a Phoenix, Arizona, case, the Court has granted leave to amend the answer to include counterclaims for:

-abuse of process (filing documents for purpose of coercing payment of money);
-invasion of privacy; and
-civil conspiracy to commit computer fraud and unlicensed investigation.

The court held the following claims to be insufficient:

-declaratory judgment;
-civil conspiracy to commit extortion; and
-violation of Fair Debt Collection Practices Act.

The court ruled that the counterclaims were not barred by the Noerr Pennington doctrine.

April 21, 2008, opinion and order partially granting and partially denying motion for leave to amend answer*

* Document published online at Internet Law & Regulation

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Full post as published by Recording Industry vs The People on April 22, 2008 (boomark / email).