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Patti Santangelo v. RIAA May Be Over

newtley writes "Odds are that Patti Santangelo, the RIAA case defendant and New York mother who has made a determined stand against the Big 4, may have won her battle to clear her name. She and her lawyer, Jordan Glass, have signed and submitted a stipulation to dismiss with prejudice the case lodged against her by the RIAA. US federal district court judge Colleen McMahon's language had earlier seemed to indicate it was time to end the farce, and the court had the power to entertain a motion for legal fees. Unfortunately, her two children are still 'in the line of fire' in the court room."

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  1. The signifigance of this case is overblown. by bhuga · · Score: 5, Informative

    While this case is important, it has little to do with a standard RIAA case. She's probably going to get attorney's fees not because of the merits of her case in particular, but because the RIAA did not drop the lawsuit against her after it was made rather clear that her children were the more likely culprits, which the judge considered harassment (my words; read the motions/rulings). The motions for attorney's fees are quite clear on this.

    That being said, there are some significantly more important cases going on for the likes of the everyday file sharer. In particular, Ray Beckerman finally managed to depose the RIAA's expert witness in UMG vs Lindor, and, while not absolutely crushing him, showed him to be a very poor witness on which to build an airtight case. The outcome of that case could have a huge impact on how these cases are done in the future. A disastrous result for UMG might well discourage further lawsuits. Before you get excited, though, that case is months from being solved.

    In addition, there are some other cases going in which the defendants might get fees on their own merits, but they need some time to resolve. It's amazing, but these cases are the first ones that might actually go to a trial.

    Beckerman's blog, which is great reading for those interested in this stuff, is http://recordingindustryvspeople.blogspot.com/

    Bhuga

    1. Re:The signifigance of this case is overblown. by NewYorkCountryLawyer · · Score: 5, Informative

      This will be cited by defendant's lawyers as yet another example of the RIAA pursuing a case it knew to be frivolous, and then withdrawing it before having to go to trial. I am not aware of a single case they have taken to trial.

      --
      Ray Beckerman +5 Insightful
  2. That word doesn't mean what ... by Anonymous Coward · · Score: 5, Informative

    http://dictionary.law.com/default2.asp?selected=20 18&bold=stipulation||

    A stipulation is an agreement between both sets of lawyers. The case is over except the part where the judge makes the RIAA pay all the legal fees.

  3. Re:This really means nothing by NewYorkCountryLawyer · · Score: 5, Informative

    The article says it was a stipulation to dismiss, not a motion to dismiss. If it was a stipulation to dismiss, the judge will sign it and the case against Patti Santangelo will be closed.

    --
    Ray Beckerman +5 Insightful
  4. RIAA safe artist list by Anonymous Coward · · Score: 5, Informative

    The american music industry has terrorized and pirated artist's creativity/music for long enough. Cut off their funding :

    http://www.riaaradar.com/zeitgeist_topamazonsafe.a sp