RIAA loses in file sharing case

arstechnica ^ | 7/13/06 | Eric Bangeman

[Petronski]

Mothers. You've got to love them. They give birth to us, feed us, clothe us, teach us to chew with our mouths closed, and go to bat for us against the RIAA. Sometimes they win (PDF).

An Oklahoma mother, Debbie Foster, was accused by the RIAA of copyright infringement back in November 2004, and her daughter Amanda was added to the complaint in July 2005. According to the RIAA, the Internet account paid for by Debbie Foster was used for file sharing, with an unspecified number of songs downloaded.

The music group offered to settle the case for US$5,000, but Foster decided to take her chances in court. She requested that the RIAA provide specifics such as the dates of the alleged downloading and the files involved. The RIAA failed to provide the requested information and Foster filed a motion for summary judgment. In turn, the RIAA decided to cut its losses and asked the court to withdraw its case. The court approved the RIAA's request, but named Foster the winner and awarded her attorneys fees over the RIAA's objections.

In his opinion, Judge Lee R. West wrote, "because this Court finds that the plaintiffs' voluntary dismissal with prejudice services as a complete adjudication of the issues set forth in their complaint and acts as a bar to further action on their claims, the court concludes the matter has been finally adjudicated in the defendant's favor... [which] represents a judicially sanctioned material alteration in the legal relationship between Deborah Foster and the plaintiffs. Ms. Foster is therefore the prevailing party for purposes of the Copyright Act."

[Petronski]

Ping for pinglists!

[Petronski]

Discussion on digg.

[Spktyr]

And now there's precedent. The RIAA screwed up.

[kingu]

Figure there's more results like this in the pipeline.

[Petronski]

They expect pushovers, but they just met up with one tough mother . . .

[Virginia Ridgerunner]

RIAA's tactics are despicable, and I'm glad that this lady decided to make them try to prove the allegations in court.

[Petronski]

Sliding-scale extortion belongs in "da five boroughs," not in the courts.

[KoRn]

Best news I've read all day! I guess they need to get back to work paying off congress.

[martin_fierro]

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[battousai]

Wow imagine that a court actually ruled that blackmail and shakedowns are illegal, now maybe RIAA can get back to actually finding artists with some talent instead of blaming 'pirates' on their slumping sales.

Arrrh avast me mateys land ho!

[Petronski]

[Ma3lst0rm]

It should be illegal to bring a case and not provide any evidence. RIAA should not only have to pay this lady's legal fees but also any lost wages and mental anguish for this kind of blatant abuse of the legal system.

[Paladin2]

So who wins the prize as "Litigeous Bastards"?

The Wilsons?

The RIAA?

The ACLU?

'Rats (for election law)?

SCOx?

[goldstategop]

Good thing she told RIAA to shove it. That should limit their shakedown of people who haven't downloaded from any file-sharing site. They ought to do their homework first before they even think of suing a music-lover!

(The Palestinian terrorist regime is the crisis and Israel's fist is the answer.)

[KoRn]

"And now there's precedent. The RIAA screwed up."

My cousin is currently paying the MPAA $3,000 for a movie that his room mate downloaded last year. When he told me he got a letter from them, I advised him to fight it like hell, but he caved when they offered him a payment plan.

These people just need to learn how to not get caught. It isn't very difficult.

[Petronski]

So who wins the prize as "Litigious Bastards?"

Ooooh, I dunno about that. So many good choices....

LOL

[aruanan]

Wow imagine that a court actually ruled that blackmail and shakedowns are illegal,

Well, no, they didn't. The court just approved the withdrawal of the case by RIAA.

[dennisw]

Screw the RIAA. I hope they lose every case

[Mr. Blonde]

I remember seeing a study that said people who download songs for free are more than twice as likely to go out and buy a CD than those who don't.

Good example being that I downloaded the new Audioslave song, and am listening to it religiously. But only because it isn't up on iTunes yet. When the CD drops I will be waiting patiently at my computer waiting to download it.