Filed in archive
Consumer rights
, Legal
, RIAA, MPAA
by Marc on August 7, 2006

RIAA had only been able prove that the defendant paid for the Internet service associated with the alleged copyright infringement. The lawsuit was dismissed with prejudice. In a legal version of "you can't fire me, I quit," the defendant moved for summary judgement to dismiss the case and award attorney's fees, and RIAA responded by withdrawing the case. The Court let RIAA drop the case ... but also held that Ms. Foster was "prevailing party" and so still eligible for award of attorneys fees.
The lawsuit is similar to many others filed by RIAA and so sets precedent in the ruling for summary judgement due to lack of evidence and awarding attorney fees.
New York entertainment attorney and former Sony in-house counsel Steve Gordon said
"This case demonstrates weakness in RIAA's cases in general. 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."
Trackback: http://publish.creative-weblogging.com/publish/mt-tb.pl/30433
Mr Wong
Vote for RIAA Gives Up Ground in Lost Consumer Lawsuit:
|
Rating: 9.50 out of 2 vote(s) cast.
|
Response from:
Digital Music - The Future
Welcome to our Consumer Lawsuit Scorecard. It provides a quick highlight of RIAA court cases and actions. Go to RIAAScoreCard.com for the latest update. RIAA Consumer Lawsuit Scorecard (IDDI = "I Didn't Do It") Unsuccessful Defenses I Did...
Response from:
Digital Music - The Future
Welcome to our Consumer Lawsuit Scorecard. It provides a quick highlight of key RIAA court cases and actions. Go to RIAAScoreCard.com for the latest update. RIAA Consumer Lawsuit Scorecard (IDDI = "I Didn't Do It") Defense Defendant Comme...
Response from:
Digital Music - The Future
Welcome to our Consumer Lawsuit Scorecard. It provides a quick highlight of key RIAA court cases and actions. Go to RIAAScoreCard.com for the latest update. RIAA Consumer Lawsuit Scorecard (IDDI = "I Didn't Do It") Defense Defendant Comme...
Subscribe
Use the search to look for other interesting posts
| RSS | See all blog subscribe options |
|
What is RSS? | |
| Yahoo! |
|
| Addthis |
|
| Bloglines |
|
| Newsletter | |
| Follow us on Twitter! |










