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."
She began singing "Ding dong, the witch is dead" which lead to the RIAA suing her again for a public performance of the song.
With hope, this will be the beginning of a trend, especially if this case can be used as precedent against the RIAA on other cases. The RIAA will hopefully realize that it is time to stop bringing frivilous lawsuits with shoddy evidence against the public. One can hope anyway...
StarTrekPhase2 - The Five Year Mission Continues!
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
Patti Santangelo v. RIAA May Be Over ...in Space.
My work here is done.
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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.
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
The american music industry has terrorized and pirated artist's creativity/music for long enough. Cut off their funding :
a sp
http://www.riaaradar.com/zeitgeist_topamazonsafe.
I'm right here.
Ray Beckerman +5 Insightful