digitalmusic
RIAA Lawsuit Setback: Defendant Wins Attorney Fees
Filed in archive Consumer Rights , Legal , RIAA, IFPI by Marc on February 26, 2007
RIAA Lawsuit Setback: Defendant Wins Attorney Fees
Defendant Debbie Foster of Oklahoma was granted attorney fees in Capitol v. Foster, a RIAA copyright infringement lawsuit. The case is RIAA's biggest setback to date.

The Foster case followed a typical pattern for RIAA lawsuits. The Internet subscriber, Debbie Foster, was the first one sued. After discovery her daughter was identified as the likely downloader and then also sued. Debbie Foster countersued as an innocent party. RIAA dropped the suit against the mother, while it continued against the daughter.

The court held that RIAA's dismissal of its case against Debbie Foster effectively won her counterclaim. There was no evidence of direct infringement by Foster. Owning the Internet account used for infringement was not a sufficient cause for contributory or vicarious liability. Foster was entitled to an award of fees as an appropriate reward for undertaking her defense when the only alternative was to capitulate to RIAA's proposed settlement.


Permalink: RIAA Lawsuit Setback: Defendant Wins Attorney Fees
Tags: riaa  lawsuit  loss  fees  digital  attorney+fees  riaa+lawsuit  defendant+wins 
Trackback: http://publish.creative-weblogging.com/publish/mt-tb.pl/54992
img Addthis img Ask img Blinklist img del.icio.us img Digg img Fark img Facebook img Google img Lycos img Ma.gnolia Add this page to Mister Wong Mr Wong img Netscape img Netvousz img Newsvine img Reddit img StumbleUpon img Slashdot img Tailrank img Technorati img Wink img Yahoo

Vote for RIAA Lawsuit Setback: Defendant Wins Attorney Fees:

  • Currently 10.00/10
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
Rating: 10.00 out of 2 vote(s) cast.
Subscribe
Share It
RSSrss
See all blog subscribe options
Google google
What is RSS?
Yahoo! yahoo
Addthis Subscribe using any feed reader!
Bloglines Bloglines
Newsletter

TwitterFollow us on Twitter!