RIAA Loses Copyright Case
17 Jul, 2006, 12:00 pm IST | by
Jayesh Mansukhani
| 
| Normally hearing about RIAA and its pyrrhic victories is saddening enough so reading about their first loss is good news. In the normal matter of course most downloaders that receive a subpoena from the RIAA usually choose to settle out of court. Most of these people who end up settling out of court pay fines that range between $2,000 to $6,000. In this particular case the RIAA had accused Debbie Foster of copyright infringement in November 2004 while adding Amanda Foster, Debbie's daughter, to the complaint from the RIAA in July of 2005. Although there was always the chance to settle, Foster elected to go ahead with the case. After being asked to provide dates of the downloads it was revealed that RIAA didn't have the records! Left with no meat in the case the RIAA had to withdraw its case. Arstechnica has reported: In his opinion, Judge Lee R. West wrote, "because this Court finds that the plaintiffs' voluntary dismissal with prejudice services as a complete adjudication of the issues set forth in their complaint and acts as a bar to further action on their claims, the court concludes the matter has been finally adjudicated in the defendant's favor... [which] represents a judicially sanctioned material alteration in the legal relationship between Deborah Foster and the plaintiffs. Ms. Foster is therefore the prevailing party for purposes of the Copyright Act." |
Tags: RIAA , Arstechnica , DMCA , Debbie Foster , Copyright Act
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