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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."
More people need to do this. They can't possibly mount lawsuits against all the people they target. If a sufficient percentage resist, they'll have to stop their campaign of terror.
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That means the RIAA actually lost money on this one. Hopefully A LOT!
... and in the DRM, bind them.
Just askin'...
Downloaders should be forced to keep the files and listen to them! Crappy manufactured, processed, RIAA generated McMusic!
;-)
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...
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!
-THE END-
One particularly good thing about this ruling is that is seems to be very solid. The linkage of "prevailing party" under the FRCP and the allowance of attorney fee recovery under the Copyrights Act looks difficult to challenge. While this ruling is not binding on much of anyone (yay Western District of Oklahoma), I have no reason to assume the Cantrell case is a drastic departure from most other circuit's opinions on the FRCP. Not to mention the SCOTUS case they cite, which I haven't read but is probably still good law.
While she has to specifically file for attorney's fees, I'm sure she will. Even though the bar is set fairly high in that the court shall not award fees "routinely or as a matter of course", the standard of review (almost certainly abuse of discretion) means that if the court awards them, it'll be almost impossible to overturn.
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.
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.
Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
This actually sets a good precedent and counters one of the arguments against leaving your wifi connection open. Even if someone uses you're internet connection, you won't be charged with a crime simply because you are the owner of that connection. Which means that we no longer have to live in paranoid fear of the tiny, tiny chance that trying to do something nice for people will end up with being arrested for aiding terrorists or pedophiles.
Sounds similar to the RIAA case against Candy Chan of Michigan, for the actions of her 13 year old daughter, Brittany Chan. The court ruled the mother could not be sued for the actions of her daughter.
See Priority v. Chan
Basically it sounds like you have to sue the person who allegedly committed the offence. The RIAA needs to refile against the right person.
If someone phones in a bomb threat, you prosecute the person who made the call, not the person who pays the phone bill, right?
They have thousands of default judgments they haven't collected a nickel on, and never will collect a nickel on, and the default judgments cost them a lot of money to obtain. So don't think they're making money on the default judgments. They're only making money on the settlements.
Ray Beckerman +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."
There are huge differences between morality and legality. What is wrong is not always illegal, and what is illegal is not always wrong.
1. The case against the mother is closed. 2. The mother's case against the RIAA for attorneys fees is still open. 3. A precedent is established that by withdrawing a case the RIAA does not immunize itself from liability for the harm it caused by prosecuting its meritless lawsuit in the first place. Sounds pretty good to me.
Ray Beckerman +5 Insightful
Not entirely... but look at pornography. You never hear of people getting sued for copying gigs and gigs of porn; that industry adopts and capitalizes on new technologies rather than trying to crush them. It's simply not going to stop until the music/movie industries stop hoarding their product. Millions of people are disobeying the law to get what they want how the want it... can't they hear the banging? If the industries tried earnestly to give it at a fair price, people would be dropping cash with the quickness.
Anecdote: Legal issues aside, within the past five years I've spent $20 or so on music CDs (about two)... when I found out about allofmp3, I spent over $100 in less than two weeks. It was convenient, reasonably priced, and let me choose how I wanted my music. I've tried downloading songs from iTunes, and I don't care for it. I make decent money and I don't mind paying reasonable prices for music, but let me have it how I want it please!
The answer is: you do. The world is what you make of it, with your choices, your actions, your intentions, your dreams, and your vision (no, not your eyeballs, but how you view the world).
Too many people forget that were born with the capacity to think and that unlike the other animals, thinking is a requirement of our survival - not to obtain food and shelter, but to build societies. Ethics and morality aren't the purview of philosophers and hermits, they are the practical application, every day, of what works to build a culture and what doesn't.
We are the fire that lights our world.. and we are the fire that consumes it.
As I've posted before. I'm a musician that has opted to go the home studio route due to the level of development in the software and hardware available. Well, it seems that others are taking heed of the this trend and bringing the worst fears of the RIAA into reality. Many local (and regional/national) artist are taking advantage of other channels to promote and sell their wares. Case in point: Here in my home town (major U.S. city) a local radio station is perusing the local uploads on MySpace and playing their music on their radio program. Then they have votes by listeners as to which songs played were their favorites. None of these bands or musicians are "signed" by a label. The winner of the vote is slotted into the regular play rotation.
This is a win for all involved and puts the RIAA affiliates in the light they deserve to be - Mind over matter. The radio station, listeners and musicians don't mind the RIAA dregs because it doesn't matter. These bands/musicians get the exposure they so desperately need and deserve and get a change to get signed by a indie label (or an RIAA label if they see fit to). Where the RIAA/labels are concerned they are dealing with musicians that have decidedly more leverage than they may have had without this exposure.
I for one welcome and highly advocate this trend. Personally I may not get any airtime. But at least I have an even shot and the "listeners" will decide my musics' marketability, not some coked out narssicistic R&A rep. And if I don't fair well with the listeners, perhaps I'll get an objective critique, which is something I likely wouldn't get by and "industry" goon.
This latest advent in court shows two things as far as I'm concerned. 1) they're getting desperate. 2) It just goes to show how out of touch these morons are - they just set precedenct. Unfortunately for themselves (the RIAA legal team) it's in the opposite direction they had intended. Next time some innocent gets randomly targeted by these clueless idiots their lawyer will have a tool to use against the RIAA - and all thanks to the RIAA's efforts. It's nice when the thugs hand you a gun! Bang! Bang! Baby!
I can't: I'm at work.
http://outcampaign.org/