RIAA Drops Suit Against Santangelo

VE3OGG writes "The RIAA, in an expected motion, has recently dismissed the case against Patti Santangelo, one of the most famous targets of the RIAA lawsuits. The mother of five was described by the judge presiding as an 'internet-illiterate parent, who does not know Kazaa from kazoo.' While this is good news, the RIAA is still pursuing its case against two of Mrs. Santangelo's children. To make matters worse, the RIAA has also dismissed the case 'without prejudice', meaning that they could, in theory, take action against her again later on. The RIAA alleges that Santangelo's children downloaded and subsequently distributed more than 1,000 songs. The damages they seek are presently unknown"

Comments

FightGoliath

[VE3OGG]

As the submitter, I would also like to point out that FightGoliath is the legal defense fund for Patti Santangelo, and appears to still be taking donations.

Re:Dismissed vs. Dropped

[NewYorkCountryLawyer]

You are exactly right. The author and Slashdot are incorrect. Only the court can dismiss.

What actually happened is the RIAA has made a motion to dismiss without prejudice.

No doubt Ms. Santangelo's lawyer will be responding to the motion by pointing out to the judge that -- after over a year and a half of complex grueling litigation -- the dismissal should be "with prejudice", not "without prejudice". Assuming the judge agrees with Ms. Santangelo, which is highly likely, then Ms. Santangelo will be a "prevailing party" and eligible for an attorneys fees award. See Capitol v. Foster, July 13th Order and Decision.