RIAA Loses File-Swapping Suit Based On Non-Existent Evidence
Court Awards Legal Fees To Accused File Swapper
In a major bitch-slap to the Recording Industry Association of America (RIAA), the Oklahoma Federal Court dismissed Capitol Records v. Foster with prejudice. The case was initiated by the RIAA against Debbie Foster and her daughter Amanda Foster, who accused the family of illegal file-sharing, based on files traced to an IP address attached to Foster’s name.
During the court proceedings, the attorney representing the Fosters challenged the evidence, requesting details of the alleged infringement. That’s when the RIAA put their tails between their legs and hid behind a rock since they could not provide the information. The Foster’s attorney then filed a motion for summary judgment. That forced the RIAA to withdraw its case.
However, that’s when Judge Lee R. West did a little bullying of his own. He then named Foster the winner and awarded her attorney fees. The Judge stated in his opinion, “this Court finds that the plaintiffs’ voluntary dismissal with prejudice services as a complete adjudication of the issues set forth…Ms. Foster is therefore the prevailing party for purposes of the Copyright Act.”
The Future: The judgement is similar to a case last April when the US District Court in Michigan dismissed an infringement case against Brittany Chan after the RIAA failed to supply evidence requested by the court. The new message to defendants of the RIAA’s onslaught of thin infringement accusations is Fight Back!
