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.
June 4th, 2007 at 8:06 am
I would like to finish with the marketing observation that the record industry hates. During the heyday of Napster and open free music sharing and trading, when million of people swapped songs, the CD business was booming. Once Napster was shut down, and along with it the social network of music discovery, sales began to plummet. They are still falling.