The RIAA bit off more than it can chew


Judges makes ruling protecting individual rights

I believe this qualifies as just deserts.

A federal judge has denied the RIAA's motion for reconsideration of his attorneys' fees award in Capitol v. Foster. Calling the RIAA's motion for reconsideration one of "very limited appropriateness," Judge Lee R. West found fault with just about every one of the RIAA's arguments.

Capitol v. Foster involves an Oklahoma woman targeted as part of the record industry's driftnet of file-sharing legislation. Last July, Foster won, when the case was dismissed with prejudice. Her victory opened up the door for her to recover attorneys' fees from the RIAA, and Judge West granted her motion for an award of fees in February, citing in part the RIAA's attempt to paint her as guilty of "secondary copyright infringement" in his decision.

It's simplistic I know, but part of me wonders if this would be a good form of tort reform. If the loser had to pay court costs and the legal fees of the other party, it might prevent unnecessary cases. Of course, it also might shield those with deep pockets, so it is not a perfect solution.

None the less, I am glad to see the RIAA getting slapped around

— NeoWayland

Posted: Wed - April 25, 2007 at 02:20 PM  Tag


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