RIAA loses court case

http://www.theinquirer.net/default.aspx?article=33025

Has to pay costs

By Nick Farrell: Friday 14 July 2006, 07:30
THE RIAA'S policy of accusing people of file sharing and then threatening
them with court action if they do not stump up huge wodges of cash has
suffered a bit of a setback.

Oklahoma mother, Debbie Foster, was accused by the RIAA of illegally
downloading downloading music over Kazaa back in November 2004. The RIAA
said that it would leave the single mother alone if she paid $5,000.

However, Foster didn't have $5,000 and more to the point, she had not
downloaded any music. In fact she didn't own a computer or know how to use
one. Her name was on the broadband bill.

After finding a lawyer to represent her, Foster managed to get the case to
court where the RIAA tried to cut its losses and withdraw. However, that
would have meant that Foster would have to pay her legal costs and so she
tried to get the court to rule that the RIAA case should be dismissed 'with
prejudice' which meant that she could get the Recording Industry to pay her
legal bills.

The RIAA opposed the motion because it makes it more costly to back out of
cases where there is a shortage of evidence to get to court. So far the RIAA
has taken dead people and grandmothers to court on the basis of its
technical evidence. If a few more fought back, its attempts to lean on
people to settle out of court before a trail might prove a bit costly.

Gregory S. Williams
[EMAIL PROTECTED]



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