RTV71 andDelerious used our news submit to tell us about this story concerning a recent RIAA lawsuit that appears to have gone in favor of the defendant! At the blog site, Recording Industry vs The People, they are reporting that the case of Capitol Records v. Foster, has been dismissed with prejudice. It appears that the womans only connection with the case is that she paid for the Internet access. Apparently, the RIAA sued the wrong person using that account! Delerious had this to say: "I hope this is the first of many."
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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. |
For more information concerning this matter, head on over to the blog for an additional (PDF) link. Take a minute to read about Ty Rogers and Ray Beckerman too. They are a couple of New York attorneys, that along with the Electronic Frontier Foundation, are representing folks targeted by the RIAA. They feel these cases brought on by large corporations, against the private citizen, are oppressive, unfair and they also feel the suits are a misuse of the federal courts.
Source: Recording Industry vs the People
