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

Re:Attorney fees

[Agelmar]

Actually, there's very little precedent set here, and it's not as warm and fuzzy as you might think. If you actually read the findings of the court, you get the other side of the story.

It's not like the RIAA was worried that this woman was going to get fees awarded and then decided to withdraw - they basically got a judgement against the woman's daughter (daughter failed to enter a response, and a default judgement was awarded). Having already 'won' their case against the daughter, they withdrew the case against the mother. There was some squabble as to exactly how that should be done, and the court found that because the action was brought under copyright acts, and the mother was the prevailing party, the mother is *eligible* for an award of fees. The court also notes, however, that "under the statute, attorney fees are not to be awarded routinely or as a matter of course." I would be very suprised if she actually gets fees paid...

It is not the victory portrayed by the story

[Michael Woodhams]

IANAL, but I have read the judgement.

RIAA initially sued the mother. When the mother said it was not her, but her daughter who had done the downloading, they sued the daughter instead *and won*. (by default - this was not defended.)

This is just about tidying up the suit against the mother. The RIAA asked to be allowed to drop the suit, and was allowed to do so (with prejudice - i.e. they have lost). The court finds that the mother is "eligible" for costs, at the court's discretion, but "such eligibility does not equate to entitlement" and "attorney fees are not to be awarded routinely or as a matter of course." The court has not yet decided on fees, it has just not yet rejected the idea - the mother can apply for an award of fees, and the matter will be decided then.