Labels Avoid Unfair Competition Counterclaims In Piracy Case For Lack Of Standing

UMG Recordings Inc. v RCN Telecom Services, LLC, CV1917272MASTJB, 2021 WL 2810145, [DNJ June 30, 2021]

Plaintiffs record companies, suing for contributory and vicarious copyright infringement, alleged that an internet service provider (ISPs), RCN, encouraged and profited from widespread copyright infringement by their end users. The defendants counterclaimed, alleging that the record labels and a a technology company engaged in the business of detecting online copyright infringement. (Rightscorp) violated violated California's Unfair Competition Law (“UCL”) by “sending millions of unsupported emails accusing RCN's customers of BitTorrent-based copyright infringement, while intentionally destroying the evidence necessary to determine whether any of those accusations were true.”

The court held that the counterclaim was not subject to heighted. “RCN alleges that Counterclaim Defendants engaged in unfair business practices that conceal potential acts of fraud, including spoliation of evidence and sending large volumes of infringement notices without verifying their accuracy.”

However, the Court concluded that the defendants lacked standing. “… RCN has not pled a cognizable economic injury under the UCL. RCN asserts a number of claimed injuries based on Counterclaim Defendants’ alleged conduct, none of which is sufficient to confer standing.” For example, RCN received notifications from various entities, and RCN failed to allege “that it created its DMCA System specifically because of Rightscorp's infringement notifications or that Rightscorp's infringement notifications imposed any additional costs on RCN.” Further, the court held that RCN’s legal costs were not a recognizable injury - RCN failed to explain how they went outside the Noerr-Pennington doctrine.