GristyMcFisty used our news submit to tell us that the RIAA has been kicked out of court over a lawsuit against an alleged P2P file sharer. This marks another defeat for the music industry that have had other cases kicked out on them. The case was kicked out as the person the RIAA was trying to prosecute had nothing to do with file sharing except paid for the Internet service.
The RIAA withdrew the case after the woman in question filed for summary judgment motion that dismissed the case and awarded attorney fees. Steve Gorden an entertainment lawyer said that this case shows the weakness of the RIAA's tactics. He went on to say its shows that if RIAA can't backup its claims, more defendants will be encouraged to fight back, this will be especially true if attorney fees are awarded to the defendant.
|  A US court has dismissed a record industry lawsuit over p2p file sharing, a significant defeat for the industry which has had few setbacks among several thousand attempts to win "compensation" from alleged file sharers. A federal court in Oklahoma granted the Recording Industry Association of America (RIAA) permission to withdraw its case against a mother whose only connection to the alleged filesharing was that she was the person who paid for the Internet access.
 The RIAA decided to withdraw when it was faced with the mother"s motion for leave to file a summary judgment motion dismissing the case against her and awarding her attorney"s fees. However its tactics failed when the court ruled that the defendant was entitled to attorney"s fees, regardless. Steve Gordon, a New York-based entertainment attorney, told the Recording Industry vs The People blog that this ruling has significant implications."This case demonstrates weakness in RIAA"s cases in general," Gordon said. "If they cannot back up their claims of infringement with legally required evidence, this could affect all their cases and encourage more defendants to fight back - especially if, as in this case, the court awards attorneys fees for the defendant."
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Source: PCPRO
