Defendant prevails in another RIAA file-sharing case

vbimport

#1

A federal judge has dismissed Elektra v. Santangelo with prejudice, leaving the door open for defendant Patti Santangelo to recover attorneys’ fees from the RIAA. Last month, Judge Colleen McMahon denied the RIAA’s motion to dismiss the case without prejudice, ruling that the case should either be dismissed with prejudice or proceed to trial so that Santangelo could have a shot at being exonerated of the RIAA’s accusations of file-sharing and copyright infringement.

Story: http://arstechnica.com/news.ars/post/20070410-defendant-prevails-in-another-riaa-file-sharing-case.html

:cool: :cool:


#2

At last they’re caught red handed and perhaps the first ruling of many, we can only hope.
Now you watch the wrangling over the fee’s. Having caused a great deal of stress to the accused not to mention expense they will proclaim that the fee’s are excessive. :a
This would be the height of fraud bearing in mind how much they charge per downloaded music track infringement when they go for a settlement.
On the court case , in the UK if someone brought a civil action causing legal fee’s and then withdraws it’s case, the defendant’s legal team would request cost’s from the plaintiff. The Judge usually rules in the defendants favour there and then. There is no chance that the plaintiff can appeal against this ruling only the amount awarded but would have to bear the additional costs of the appeal themselves. :bigsmile:
Perhaps its time the US legal system got its act together and had similar legislation and did away with cases dismissed with prejudice or without as this appears to be quite unjust.