Mission Creek

This really makes me wonder, if more people had the resources to stand up to the RIAA, if the RIAA can ever prove up any of these cases.

Mothers. You’ve got to love them. They give birth to us, feed us, clothe us, teach us to chew with our mouths closed, and go to bat for us against the RIAA.

An Oklahoma mother, Debbie Foster, was accused by the RIAA of copyright infringement back in November 2004, and her daughter Amanda was added to the complaint in July 2005. According to the RIAA, the Internet account paid for by Debbie Foster was used for file sharing, with an unspecified number of songs downloaded.

The music group offered to settle the case for US$5,000, but Foster decided to take her chances in court. She requested that the RIAA provide specifics such as the dates of the alleged downloading and the files involved. The RIAA failed to provide the requested information and Foster filed a motion for summary judgment. In turn, the RIAA decided to cut its losses and asked the court to withdraw its case. The court approved the RIAA’s request, but named Foster the winner and awarded her attorneys fees over the RIAA’s objections.

In his opinion, Judge Lee R. West wrote, “because this Court finds that the plaintiffs’ voluntary dismissal with prejudice services as a complete adjudication of the issues set forth in their complaint and acts as a bar to further action on their claims, the court concludes the matter has been finally adjudicated in the defendant’s favor… [which] represents a judicially sanctioned material alteration in the legal relationship between Deborah Foster and the plaintiffs. Ms. Foster is therefore the prevailing party for purposes of the Copyright Act.”

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full story here

link to decision here