17
Jul
07

RIAA slapped $68,685.23 by court – how I laughed.

riaa-communism-poster.gifThe Recording Industry Association of America hasn’t made many friends in the past few years, sending threatening letters demanding money to people under the assertion that they’d downloaded music illegally. While this activity is clearly going on, the tactics of dragging people of all ages to court on the flimsiest of evidence hasn’t strengthened their moral position, and now it’s actually cost them cash!

The case of Capitol vs., Foster could be a turning point, because it demonstrates that using the legal system in the manner that the RIAA has been doing can have unfortunate circumstances.

Presiding Judge, Lee R. West has been damning of the RIAA’s methodology in bring the action against Miss Deborah Foster in the first place, then attempting to shift the case onto her daughter, before attempting to ditch the case when it realised the Judge actually expected to be given evidence.

As such he refused to accept the case had ended when the RIAA withdrew, and allowed Miss Foster’s counterclaim to continue to it’s ultimate conclusion.

What’s crucial about this case is two presidents it’s now created. The first is that you can’t bring an action against one person and then relate that to another once in court, Miss Foster isn’t responsible for the actions of her daughter in this respect. But even more important is the idea that more than circumstantial evidence is required to prove a connection between the computer and the act, and IP numbers aren’t actually a substantially basis to bring a case like this. This brings all the other cases currently in the system into huge question. If this wasn’t bad enough for the RIAA, another case which went source on them in Florida has put racketeering and extortion on the table, which are federal crimes carrying prison time. The defendant there is also claiming control over the copyrighted material she allegedly downloaded as recompense for their actions in bringing the case, which will thrill Atlantic Records, the RIAA surrogate in that litigation.

The full Capitol v. Foster order is detailed here

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