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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."

4 of 236 comments (clear)

  1. Sharks win by ElNonoMasa · · Score: 5, Insightful

    At the end of the day, the attorney's fees will be paid with the
    protection money they received from those who settled.
    The only ones winning with all of this are the lawyers, as usual.

  2. Re:Booyah motherfuckers! by TheGratefulNet · · Score: 5, Insightful

    some people take the extreme; and intentionally leave their AP wide open.

    plausible denyability then ensues. you can't be held responsible if you, by policy, don't protect your net connection. they can't prove it was you who 'did the bad thing'. the worst they can do is call you a bad sysadmin ;)

    --

    --
    "It is now safe to switch off your computer."
  3. Re:BRAVO by NewYorkCountryLawyer · · Score: 5, Insightful

    If you are being sued, and a lawyer protects you from the lawsuit, and the lawyer gets his or her fees paid for having accomplished something good, why is that a bad thing? I don't get it.

    --
    Ray Beckerman +5 Insightful
  4. Re:yay by Kickersny.com · · Score: 5, Insightful

    There are huge differences between morality and legality. What is wrong is not always illegal, and what is illegal is not always wrong.