RIAA Loses In File Sharing Case

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."

Debbie Foster is not the only mother to stand up to the RIAA. A 42-year-old disabled, single mother from Oregon, Tanya Anderson, is currently fighting the RIAA's file-sharing allegations. She denies downloading hip-hop over Kazaa and decided to fight back after being contacted by the Settlement Support Center. There is also the case of Patricia Santangelo, a divorced mother of five living in New York. Her case is currently headed for trial in the US District Court of the Southern District of New York, after a motion to dismiss was denied.

This is hardly the first setback for the RIAA, which has previously sued grandmothers, both living and dead. Despite that, the music industry appears to be pressing ahead with its litigious strategy.

We contacted the RIAA for comment on the case, but had not heard back from them prior to publication.

Makes you think that if everybody who's settled with the RIAA would have fought, A lot of people would have saved a lot of money.

On the other hand as we get wiser so do they.

Shout this lil' tid-bit loudly from the hilltops (because the mainstream media sure ain't reporting it much as far as I am able to tell.)

Truth, Justice and the American Way!

-vs-
Greed, Cash and the Corperate way....

In round two of the American Citizens vs the Corperate Empire we see the begining of the end of the RIAA's "Death Star" weapon of sueing people into complying with their cartel. Raise the Jolly Rodger as pirates have boarded political sites and make posts exposing the truth (and spam advertising Independant Music ) Emails to Dubya continue and of course the Boston Tea Party of P2P goes on...

thats the way!

It appears the article could have been written in a more complete manner (specifically the aspect of how Mrs. Foster's daughter sustained a default judgment in the case).
So, the indications are that the RIAA won against the daughter, but lost against the mother.

On balance, therefore, the article probably merits a red-faced :: award.

Thrilling.

Unfortunately, this merely attacks their blind-fire mentality of suing people. Essentially, they made a clerical error. The REAL victory will come when they lose a suit against an ACTUAL file-sharer. Either that of a few of these smackdowns will force them to abandon the blind-fire "John Doe" lawsuits. Which means we have to see if the ISP companies will win to hold our privacy as private. Nice big expensive hassle for the Association.

Attorneys fees have not yet been awarded. The court just said that she is eligible to apply for them.

"The REAL victory will come when they lose a suit against an ACTUAL file-sharer."

If they ever find one.

I think that Patricia Santangelo's case has the greatest potential for changing the tide. She gets a trial, presumably with a jury, which could ultimately decide that the RIAA is a bunch of assholes who need to be punished for harassing innocent soccer moms.

The RIAA are bullies...bullies try to win by intimidation...which is not to say some bullies don't have the wherewithall to fight...but, as the Wizard of Oz SHOULD HAVE said...they lack one thing ...Courage!

ps by Wizard of Oz, I meant the character in the movie..not George Z....and I agree with George's comments 100 percent.

...just when I was beginning to feel a little like Bob Cratchett..