[LINK] Fwd: RIAA loses in file sharing case
Roger.Clarke at xamax.com.au
Sat Jul 15 09:49:03 AEST 2006
>RIAA loses in file sharing case
>7/13/2006 3:10:41 PM, by Eric Bangeman
>Mothers. You've got to love them. They give birth to us, feed us,
>clothe us, teach us to chew with our mouths closed, and go to bat
>for us against the RIAA. Sometimes they win (PDF).
>An Oklahoma mother, Debbie Foster, was accused by the RIAA of
>copyright infringement back in November 2004, and her daughter
>Amanda was added to the complaint in July 2005. According to the
>RIAA, the Internet account paid for by Debbie Foster was used for
>file sharing, with an unspecified number of songs downloaded.
>The music group offered to settle the case for US$5,000, but Foster
>decided to take her chances in court. She requested that the RIAA
>provide specifics such as the dates of the alleged downloading and
>the files involved. The RIAA failed to provide the requested
>information and Foster filed a motion for summary judgment. In turn,
>the RIAA decided to cut its losses and asked the court to withdraw
>its case. The court approved the RIAA's request, but named Foster
>the winner and awarded her attorneys fees over the RIAA's objections.
>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."
>Debbie Foster is not the only mother to stand up to the RIAA. A
>42-year-old disabled, single mother from Oregon, Tanya Anderson, is
>currently fighting the RIAA's file-sharing allegations. She denies
>downloading hip-hop over Kazaa and decided to fight back after being
>contacted by the Settlement Support Center. There is also the case
>of Patricia Santangelo, a divorced mother of five living in New
>York. Her case is currently headed for trial in the US District
>Court of the Southern District of New York, after a motion to
>dismiss was denied.
>This is hardly the first setback for the RIAA, which has previously
>sued grandmothers, both living and dead. Despite that, the music
>industry appears to be pressing ahead with its litigious strategy.
>We contacted the RIAA for comment on the case, but it declined to
>comment on the specifics of the case.
Roger Clarke http://www.anu.edu.au/people/Roger.Clarke/
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
Visiting Professor in Info Science & Eng Australian National University
Visiting Professor in the eCommerce Program University of Hong Kong
Visiting Professor in the Cyberspace Law & Policy Centre Uni of NSW
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