of copyright, the defendant made an "unquestionably false assertion". The fact that the defendant promptly, after-the-fact, acknowledged that takedown notice was for trademark, not copyright, did not matter. The defendant also argued that most websites only provided one form for copyright takedown and none for trademark, so it had to use the copyright form. The judge found this defense an improper consideration and thus ruled in the plaintiff's favor for defendant's wrongful assertion of copyright violation. Count 2: Fraudulent Assertion of Copyright Interest The plaintiff alleged that the defendant's statements to the websites were fraudulent. To demonstrate actionable fraud, the plaintiff must demonstrate that (1) the defendant knowingly made false statements, upon which it expected the plaintiff to rely, (2) the false statements must have been relied upon, and (3) injury to the relying party must have resulted from the reliance. There were two possible candidates subject to injury here: the plaintiff and the websites. The plaintiff knew that he, and he alone, had a valid copyright in his song and could not plausibly rely on the false statements made by the defendant. This left only the websites as victims of fraud. The plaintiff, however, did not claim the websites suffered injury from relying on the false statements. Thus, the judge dismissed Count 2, plaintiff's assertion of fraud/misrepresentation. Count 3: Intentional infliction of emotional distress To prove the defendant caused infliction of emotional distress intentionally, the plaintiff must demonstrate that (1) the defendant intended to cause, or knew or should have known that his actions would result in serious emotional distress; (2) the defendant's conduct was so extreme and outrageous that it went beyond all possible bounds of decency and can be considered completely intolerable in a civilized community; (3) the defendant's actions proximately caused psychological injury to the plaintiff; and (4) the plaintiff suffered serious mental anguish of a nature no reasonable person could be expected to endure. The plaintiff, however, did not allege that the defendant intended to cause, knew, or should have known its false assertion of a copyright infringement would cause serious emotional distress. The plaintiff also did not allege that he suffered "severe psychological injury". Even if the plaintiff had made such allegations in the complaint, there was no factual basis for such contentions. The judge therefore dismissed Count 3 of intentional infliction of emotional distress. Count 4 & 5: Intentional interference in contractual relationships