RIAA balks in Foster case
p2pnet.net news:- Speaking of the Debbie Foster versus the Big 4 Organized Music case, in which the Big 4’s RIAA (Recording Industry Association of America) desperately tries to wriggle out of legal payments it’s been ordered it to make, the RIAA has now failed to turn over its attorneys’ billing records.
Foster demanded the records almost a year ago but so far, nothing.
“Citing caselaw which establishes that, in connection with an attorneys fees motion, the fees spent by the non-prevailing party are relevant to the reasonableness of the prevailing party’s fees, Ms. Foster has now made a motion to compel production of those records,” says Recording Industry vs The People.
“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,” said Ars Technica of the case, which is fast becoming a saga.
It went on, “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.
In associated news, the Foster case also has serious implications for unguarded Wi-Fi set-ups.
Also See:
wriggle out of legal payments – RIAA struggles in Foster case, February 22, 2007
Recording Industry vs The People – RIAA Refuses to Turn Over Its Attorneys Billing Records, February 23, 2007
Ars Technica – Victim of RIAA “driftnet” awarded attorneys’ fees, February 7, 2007
serious implications – Unguarded Wi-Fi threat, February 23, 2007
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February 23rd, 2007 at 1:50 pm
Between them blatanly ignoring the order to turn over the billing records, and trying to put the squeeze on WiFI — and, in the meantime, trying to <a href=”http://advancedmediacommittee.typepad.com/emmyadvancedmedia/2006/12/what_comes_firs.html”>cut back royalties </a> — these guys aren’t winning any popularity contests.
- J.A.