Brief Fact Summary.
Students from the University of Maine filed a 12(b)(6) Motion to Dismiss after Arista Records sued them for copyright infringement.
Synopsis of Rule of Law.
The application of Federal Rule of Civil Procedure 12(b)(6) Motion to Dismiss is strengthened with the Twomblypleading standards.
Arista Records LLC sued 27 students from the University of Maine for copyright infringement. The District Court denied the students’ motion to dismiss under Federal Rule of Civil Procedure Rule 12(b)(6).
Whether the application of Federal Rule of Civil Procedure 12(b)(6) Motion to Dismiss is changed with the Twombly pleading standards.
Yes. The heightened standard of pleading determined in Bell Atlantic v. Twombly, 550 U.S. 544 (2007) requires that the facts in a complaint be sufficient to establish a claim that is plausible on its face. The motion to dismiss is denied.
In order to establish a claim for copyright infringement, the owner must only prove: (1) copyright ownership, and (2) violation of the rights of the copyright owner. Arista Records LLC proved copyright ownership and that each student downloaded and distributed copyrighted music. The facts stipulated were sufficient to establish a claim.