RIAA struggles in Foster case
p2pnet.net news:- The Big 4 Organized Music cartel’s RIAA hopes a court will think again about an order granting an RIAA victim lawyers’ fees.
The RIAA (Recording Industry Association of America), “acted in bad faith in bringing the lawsuit against Debbie Foster,” said Marilyn D. Barringer-Thomson, representing Oklahoma mother Debbie Foster.
The so-called ‘trade’ organization dropped the case, but Foster refused to drop her counter-claim and becamed the “prevailing party” under the Copyright Act. This meant she was entitled to attorneys’ fees.
Now the RIAA has moved for “reconsideration” and also wants “clarification” of the Court’s order scheduling discovery on the reasonableness of the attorneys fees, says Recording Industry vs The People’s Ray Beckermanm going on:
“Additionally, the RIAA, in its ‘clarification’ motion, asked the Court to change its ruling that Ms. Foster gets to supplement her attorneys fees request after the RIAA completes its ‘discovery’ – i.e. they are trying to prevent the Court from awarding Ms. Foster her attorneys fees incurred during the “discovery” process.”
Foster, in turn, is demanding a modification of the scheduling order (the order the RIAA moved to “clarify”) to make sure she gets her outstanding discovery requests answered, says the story, adding:
“To date the RIAA has refused to provide her attorney with the RIAA’s attorneys’ billing records.”
“Will this cause the RIAA to rethink its litigation strategy?” – asked Ars Technica’s Eric Bangeman recently. “Probably. The industry cartel will have to tread carefully with any secondary infringement claims now that there is case law that owning an Internet account used for infringement does not automatically make the owner liable for said infringement. Attorney Ray Beckerman told Ars that he believes there are huge implications from this opinion. ‘It sends a message to the RIAA… that there are consequences to this ‘driftnet’ litigation strategy,’ Beckerman said.”
And, “One of the worst things that could happen to the RIAA is finding itself on the wrong end of case law,” says the story.
Also See:
lawyers’ fees – RIAA stalls in Foster case, February 14, 2007
Recording Industry vs The People – RIAA Moves for “Reconsideration” of Order Granting Attorneys Fees, February 21, 2007
Ars Technica – Victim of RIAA “driftnet” awarded attorneys’ fees, February 7, 2007
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Tired of being treated like a criminal? They depend on you, not the other way around. Don’t buy their ‘product’. Do bug your local politicians. Use emails, snail-mail, phone calls, faxes, IM, stop them in the street, blog. And if you’re into organizing, organize petitions, organize demonstrations and then turn up on your local political rep’s doorstep, making sure you’ve contacted your local tv/radio station/newspaper in advance. Don’t just complain. Do something!
February 22nd, 2007 at 10:23 pm
‘And, “One of the worst things that could happen to the RIAA is finding itself on the wrong end of case law,” says the story.’
Well i think it’d be one of the best things that could happen for consumers everywhere. Bring it on.