RIAA Case Against Mother Dismissed

NewYorkCountryLawyer writes "In Capitol Records v. Foster, in federal court in Oklahoma, a case against a mother -- whose only connection to the alleged filesharing was that she was the person who paid for the internet access -- has been dismissed with prejudice. Faced with the mother's motion for leave to file a summary judgment motion dismissing the case against her, and awarding her attorneys fees, the RIAA made its own motion for permission to withdraw its case. The Court granted the motion and let the RIAA drop its case. The Court went on to hold that the defendant, Ms. Foster, is the 'prevailing party' under the Copyright Act and is therefore eligible for an award of attorneys fees. The Court then indicated that it would decide the attorneys fees award question upon receipt of a motion for attorneys fees."

Comments

yay

[Anonymous Coward]

Suing users won't stop anything... there are simply too many. RIAA and MPAA need to embrace the wave or get knocked over by the torrent (pun intended).

Re:yay

[dthree]

That don't work to well for athiests.

Re:yay

[jibjibjib]

Indeed, we should embrace and extend it.

Re:yay

[Anonymous Coward]

That's Slashdotters you're talking to. A small, obnoxious and irrelevant minority whose members like to think of themselves as some sort of "elite". They absolutely believe that they're smarter than anyone who has ever lived or ever will.

And while they're sweeping floors or cleaning toilets, they dream of their Big Day, which will never come.

Re:yay

[Schraegstrichpunkt]

Not entirely... but look at pornography

I can't: I'm at work.

Anybody got the bittorrent of the CourtTV coverage

[hawks5999]

Just askin'...

A better method to punish copyright infringement

[grolschie]

Downloaders should be forced to keep the files and listen to them! Crappy manufactured, processed, RIAA generated McMusic!

;-)

Tying in your obligatory quotes and pop culture.

[ThisIsForReal]

Hopefully her lawyer wasn't Rep. Stevens' Lawyer.

How Representative Stevens' lawyer would ask the judge for his fees to be compensated (if he were the defendent's lawyer in this particular case):

Lawyer: You see, Judge, when I go to the local branch of my bank, I can't just drive up with a pile of cash on the bed of my truck. You see, they've got these TUBES, and the money has to fit in them, and , and, it's - well they're TUBES!

Judge: I could give you a direct deposit.

Lawyer: Well, here's the thing, Judge. I got a direct deposit sent by my staff person last Friday, and it didn't show up in my account until this morning. WHY?

Judge: Banks are closed on weekends.

And for you Simpsons fans (which would be everybody here, right?):

Judge: This court fines you 1 million dollars

Burns: Smithers, my wallet is in my back pocket. Oh, and I'll take that statue of justice, too.

Judge (slamming gavel on podium): SOLD!

I think I feel a musical coming on.......

[MattS423]

OOOOOklahoma where we download free....

Irony in the works...

[consoneo]

Not only did the RIAA lose that case, but comically enough, there was a Free Music add placed in this story :)

http://img.photobucket.com/albums/v226/consoneo/RI AAFreeMusicSlashdot.jpg

Re:Attorney fees

[pluther]

If the judge awards the attorney's fees, the entire amount, not a percentage, automatically goes to the lawyer, without ever touching the defendant's wallet.

Hm, come to think of it, I think that's pretty close to how it normally works...