Judge Awards $68,685.23 in Attorneys Fees Against RIAA
In the case of Capitol v. Foster, the judge has awarded $68,685.23 in attorneys fees to the defendant, Debbie Foster. According to Recording Industry vs The People, this is the first time attorneys fees have been awarded to an RIAA defendant.
Foster was awarded the fees because her name was removed from the lawsuit and her daughter, Amanda, was named in her place.
Judge Awards $68,685.23 in Attorneys Fees Against RIAA in Capitol v. Foster [Recording Industry vs. The People]
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Comments:
@DashTheHand: Yes, the order states that the court entered a default judgment in favor of RIAA against the daughter.
@rocnrule: The article I read earlier said that her legal fees were around 105k and that she would have to pay the difference. Not sure if that is accurate or not, though.
@DashTheHand: You're right. This is not really a big deal. The reason for the fee award is that the RIAA, itself, decided to dismiss the case against the mother after she had accumulated fees. I don't see this translating to greater restraint by the RIAA.
@nequam:
I actually read this as something very different. I can see the RIAA now stopping the moment someone wants to go to court--because there is now precedence for ruling against them.
"Throughout the course of this litigation the plaintiffs have alleged that had the defendant appropriately assisted in their copyright infringement investigation and litigation, she could have avoided being sued. THE COURT HAS REJECTED THIS ARGUMENT ON NUMEROUS OCCASIONS AND DECLINES TO ENTERTAIN IT YET AGAIN. The defendant was ENTITLED to litigate the claims the plaintiffs chose to bring against her..." [emphasis mine]
I take the quoted part to mean 2 major points
1. The RIAA has now opened themselves for litigation for abuse of process, malicious prosecution, and extortion.
2. The RIAA has a flawed theory about how they can avoid being liable for these costs. They now know it doesn't work to claim the defendant needed to help them build a case to "avoid" a suit.
I've been wondering how long it would take for enough angry Americans to finally get this BS company shut down for good. Hell, I've lost count of how many times I've seen them try to set-up shop here in Canada, or just try and tell us how to do things. Fortunately they have no power in other countries.
For the most part, up here file sharing is legal. :)
I read this on Digg yesterday, which is a bad site by the way, I don't even know why I look at it. I think it's a mix between boredom/humor. Humor being that I laugh at all the people who make comments there because none of them know what they're talking about.
ANYWAY, I thought this was good until today when I read the part about the daughter still being prosecuted. Is there really no end for the RIAA? I swear their CEOs and lawyers probably get massive hard-ons when they take someone to court.







I was excited for a minute until I read the rest of this. Does this mean her daughter is still under the guillotine in her place? Was the whole defense reason and fees for the mother caused by having her named replaced with her daughters to be fed to the RIAA sharks instead?