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RIAA ordered to pay attorney fees

17 July 2007 8:54 by Rich "vurbal" Fiscus | 55 comments

RIAA ordered to pay attorney fees After losing a suit against an Oklahoma woman for supposedly "vicariously" aiding copyright infringement, the RIAA has been ordered to pay nearly $70,000 in legal bills for the defendant.

Deborah Foster, whose daughter Amanda the RIAA won a default judgement against because she failed to defend herself, has always said she had no knowledge of any such activity.

The RIAA had the case against her dismissed without prejudice, meaning they reserve the right to bring further action against her for the same alleged activities, which would normally protect them from paying her legal fees. However, Foster's filing against the RIAA argues that she deserved the judgement because "the RIAA makes a practice of repeatedly bringing claims and then dismissing with prejudice after inflicting substantial litigation costs on the opposing party and the judicial system."

The EFF (Electronic Frontier Foundation) also filed a "Friend of the Court" brief on her behalf, stating "a fee award would deter the RIAA from continuing to prosecute meritless suits that harass defendants it knows or reasonably should know are innocent."

Sources: EFF, CNet News

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  • Foster and RIAA argue over attorneys' fees (7 September 2007)
  • Defendent argues "making files available" isn't infringement (20 August 2007)
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    Discuss this article!  There are more user comments available, read them here
    morguex (Inactive) 19 July 2007 9:04 Send private message to this user   
    Whitechoc, I hope your kidding, if not let me know.
    I tell you whats causing the collapse of the american economy, well as a matter of fact, the whole north american economy.
    And if you are kidding,HA HA!!! good one
    Peace all.
    svtstang (AfterDawn Addict) 19 July 2007 11:56 Send private message to this user   
    Quote:
    I love the RIAA!! Let's think. Without a fundamental organization serving to protect the interests and intellectual assets of music artists, society would run rampant with anarchy. Like the great John Locke once said,
    Quote:
    Humans are, by nature, evil and self-indulged.
    He's right; we are all a bunch of greedy losers, meaning those who fileshare are money-stealing bastards detracting from the financial welfare and intellectual good of music producers and writers nationwide. Anybody who fileshares is retarded and is contributing to the decline of the US economy and to the increase of subprime lendors and to the collapse of numerouse hedge funds.

    Take that Afterdawn.
    The end of that rant made no sense at all I am afraid. Please do tell how file sharing increases the amount of subprime loans. Just so you know, it is the poor/those with shit credit are the ones that take out subprime loans....not the wealthy. It would make me happy to see the big wigs for the RIAA/MPAA have to resort on a negative arm loan though, suits them right.

    And filesharing is leading to the collapse of hedge funds??? Are you on some type of illicit drug?? How in god's name do you equate filesharing to negatively impacting equity markets???? You do know the stock market as a whole is solid as hell right now...right??

    You fail logic 101 sir, I hope you were kidding.
    whitechoc (Inactive) 19 July 2007 12:21 Send private message to this user   
    Sirs I am most certainly not kidding. As my bold and unfortunately mentally slow counterpart Mr. Svtstang has incorrectly stated:

    Quote:
    You do know the stock market as a whole is solid as hell right now...right??
    I must correct him by saying that the markets are showing signs of weakening. The stock market is a volatile and an important factor in determining economic productivity, but ONLY a factor. We are in what is called a Darwinian Economic Cycle, or DEC. When markets reach a cap of 12,000 in our SOL, it indicates the beginnings of overreach by investors. At this point, these stocks are overinflated; their values are unproportiantely high compared to corporate value and are now being pushed higher and higher to the point where recession is imminent, and thus a correction of the markets will ensue bringing the stock market back down to 8,000 or so.

    How does this relate to filesharing? Simple. People fileshare. RIAA complains. Music artists complain. Attorney Generals must deal with this complaining, and DOJ is flooded with complaints. This in turn leads to salutary neglect of its duties regarding checks and balances on companies and corporations. Investors benefit as stock values are pushed higher and higher, destroying actual worth values. Hedge funds eventually become worthless, as demonstrated by Bear Stearns June failing. In the words of Wall Street Investor Jacob MacMichael:

    Quote:
    The Darwinian Economic Cycle has wreaked havoc on the DOJ and the NASDAQ for several financial quarters, and the issue will only degenerate unless filesharing is stopped in its tracks. I support all anti-filesharers and in the name of patriotism and Patrick Henry, "GOD BLESS AMERICA!"
    I hope this straightens our misunderstandings out kind sirs.
    svtstang (AfterDawn Addict) 19 July 2007 13:13 Send private message to this user   
    I think you are stretching the truth a bit. Dow Jones just hit 14k today. Overvalued?? No, just a bull market. Cyclical, there will be a correction as there always has. Showing signs of weakness?? Not in the slightest, the S$P just reached an all time high, and as I just pointed out, so did the Dow. The global economy is booming....yes file sharing is KILLING the economy....

    Bear Stearns failed partly do to societies overwhelming reliance on negative arm loans. File sharing is to blame?? I honestly dont see the connection...why? Because there isnt one! Contrary to your beliefs, Bear Stearns had and has a faulty business model, relying heavily on debt financing to pay off current debt....kinda stupid eh? Blame savings and loans for this, they are the ones whom happily gave people these junk mortgages and are screwing over the economy. And just so you know, equity markets are prospering DESPITE the financial sector....god only knows how well the markets would be doing if sub prime didnt exist!

    Saying file sharing leads to increased sub prime loans and overpriced equity markets is ludicrous. Kinda reminds me of that retard who claimed that piracy was hurting farmers do to the decrease in popcorn sales in movie theaters.....LMAO! Yes file sharing is in fact impacting certain segmants do to decreased sales(this is open for arguments, pirates wouldn't buy the media they are pirating), but the impact is not as overwhelming as you are trying make us believe.



    It is within the forum rules ddp, i swear!! :P
    morguex (Inactive) 19 July 2007 13:29 Send private message to this user   
    Whitechoc
    What site did you cut and paste that crap from?
    There might be a little bit of truth in what you repeated, but not much.

    You know what, forget it, because not matter what I or anyone else says to you, your not going to belive it anyway.

    If you think people sharing files on the internet is causing the american economy to collapse, well sir your just plain old NUTS!!
    But hey i guess you don't see anything wrong with american companies shipping millions of manufacturing jobs to china. Lowering your standard of living. Oil companies making 30-40 billion a year in profits, while people go broke trying to get back and forth to work and school or driving around trying to find a new job after they lost there's because some multi-billion dollar company decided 10 billion a year profit wasn't enough. If I seem annoyed, your damm right I am,
    because people like you have no idea.
    morguex (Inactive) 19 July 2007 14:11 Send private message to this user   
    And one more thing, svtstang is far for mentally slow, he has made many posts on this site and I find him to be quite intelligent and reasonable.

    Peace all

    http://www.danasoft.com/sig/MorguexsPlace.jpg
    svtstang (AfterDawn Addict) 19 July 2007 14:21 Send private message to this user   
    LOL I didnt even notice him taking a shot at me for showing him how illogical he is! Im in a decent mood, so I will forgo playing the name calling game for now.

    Thanks for the comment morguex :)



    It is within the forum rules ddp, i swear!! :P
    ddp (Moderator) 19 July 2007 14:32 Send private message to this user   
    whitechoc, i have some swampland for sale & if you believe that bs then you better go to a mental institute because what you just posted is full of bs.
    morguex (Inactive) 19 July 2007 14:49 Send private message to this user   
    NP svtstang, and whitechoc is probaly just a troll anyway.

    http://curezone.com/forums/troll.asp

    Peace all


    http://www.danasoft.com/sig/MorguexsPlace.jpg
    morguex (Inactive) 19 July 2007 14:55 Send private message to this user   
    And one last thing whitechoc, you probaly believe all that crap that rick cotton spews also.

    Peace all

    http://www.danasoft.com/sig/MorguexsPlace.jpg
    WierdName (Senior Member) 19 July 2007 15:17 Send private message to this user   
    Whitechoc, I don't think your factoring in inflation with your little equation there.

    Morguex, you need to add [img] before that link and [/img] after for it to show up as a picture. I.E. [img*]http://address.pic/picture.jpg[/img*] (remove the * symbols. I had to add them so it wouldn't execute the img command)
    Otherwise, it will show up as just an text address, like it is.

    EDIT- fixed example

    This message has been edited since posting. Last time this message was edited on 19 July 2007 15:19

    svtstang (AfterDawn Addict) 19 July 2007 15:22 Send private message to this user   
    Rick Cotton! That was the retard I was referring to LOL!

    @ddp

    If that swap comes with a croc I will buy it. Hello by the way :)

    @WierdName

    Inflation is the last thing in the world he needs to consider! First on the list would be a decent psychiatrist that is lenient with the medicine! Hello to you also :)



    It is within the forum rules ddp, i swear!! :P
    WierdName (Senior Member) 19 July 2007 15:28 Send private message to this user   
    Originally posted by svtstang:
    First on the list would be a decent psychiatrist that is lenient with the medicine!
    Actually, there's not a doctor or psychiatrist in the world lenient enough... although he could try mars. If his little theory is true, it would prove the impossible is possible, and he may find an advanced race who will gladly give him all the meds he needs. Also, hello to you too.

    EDIT- actually, a straightjacket and a padded room would be much easier.

    Doesnt expecting the unexpected make the unexpected expected and therefore mean your expecting the expected which was the unexpected until you expected it?
    Opinions are imunities to being told we're wrong.

    This message has been edited since posting. Last time this message was edited on 19 July 2007 15:33

    ddp (Moderator) 19 July 2007 18:46 Send private message to this user   
    hello svtstang. the croc has a stomach ache from bad meat. guess who? we better stay on topic now.
    whitechoc (Inactive) 20 July 2007 4:44 Send private message to this user   
    I am displeased to see personal hatred being directed at me, but I guess that's the price I pay for my intellectual pursuits. I will turn my head to a new post, one where I will be embraced with passion.
    blackvamp (Senior Member) 20 July 2007 7:27 Send private message to this user   
    Originally posted by whitechoc:
    I am displeased to see personal hatred being directed at me, but I guess that's the price I pay for my intellectual pursuits. I will turn my head to a new post, one where I will be embraced with passion.
    Translation: Crap, I just got owned.
    morguex (Inactive) 20 July 2007 8:05 Send private message to this user   
    Hey whitechoc, what color is the sky in your world?
    I directed no hatred toward you, but I do kinda feel sorry for you, if you truly believe the crap you posted in here.
    The problem is you got owned and you know it.
    But hey no ill will, good luck with your future endevaors.

    Peace all
    bWileyMwB (Newbie) 20 July 2007 9:24 Send private message to this user   
    lawl@whitechoc
    rondack (Junior Member) 20 July 2007 9:41 Send private message to this user   
    [img][/img]IT'S ABOUT TIME!!! Goodbye RIAA!
    svtstang (AfterDawn Addict) 20 July 2007 10:07 Send private message to this user   
    Originally posted by whitechoc:
    I am displeased to see personal hatred being directed at me, but I guess that's the price I pay for my intellectual pursuits. I will turn my head to a new post, one where I will be embraced with passion.
    Best use of the synonym feature in Word I have ever seen!

    Original

    Mes is sad at uz being mean to me, itz ok cause im still teh l33t. I will go to da next thread where I can troll in peace.



    It is within the forum rules ddp, i swear!! :P
    morguex (Inactive) 20 July 2007 11:20 Send private message to this user   
    Well all that was alot of fun, maybe we'll all run into whitechoc in another post.
    But if's he's as smart as he thinks he is, he'll stay outta afterdawn.

    Peace all
    morguex (Inactive) 20 July 2007 12:52 Send private message to this user   
    Whitechco is in here now http://forums.afterdawn.com/thread_view.cfm/537342#3253829
    spewing more garbage.

    Please can someone not ban him or at least turn down his volume knob to 0
    Peace all
    XENON (Junior Member) 20 July 2007 14:37 Send private message to this user   
    whitechoc

    if the economy is so bad right now then how come my investments are up by as much as 3.5% for the month? and continuing to climb. This happens all the time. it goes up an astronomical amount for maybe a few months and then there's a correction or two to sort of balance everything out. it's the nature of the beast.
    dufas (Member) 20 July 2007 18:59 Send private message to this user   
    Don't you know that the USA if not the worlds economy revolves around the entertainment industry ???

    This is a fact as stated by Barbra Streisand, Martin Sheen, Sonny Tufts, Rob and Carl Reiner, thousands of musicians, and a whole range of entertainment elitists.

    Hollywood says something and every politician on the planet jumps.....
    rokmsokm (Newbie) 21 July 2007 12:34 Send private message to this user   
    Quote:
    Sirs I am most certainly not kidding. As my bold and unfortunately mentally slow counterpart Mr. Svtstang has incorrectly stated:

    Quote:
    You do know the stock market as a whole is solid as hell right now...right??
    I must correct him by saying that the markets are showing signs of weakening. The stock market is a volatile and an important factor in determining economic productivity, but ONLY a factor. We are in what is called a Darwinian Economic Cycle, or DEC. When markets reach a cap of 12,000 in our SOL, it indicates the beginnings of overreach by investors. At this point, these stocks are overinflated; their values are unproportiantely high compared to corporate value and are now being pushed higher and higher to the point where recession is imminent, and thus a correction of the markets will ensue bringing the stock market back down to 8,000 or so.

    How does this relate to filesharing? Simple. People fileshare. RIAA complains. Music artists complain. Attorney Generals must deal with this complaining, and DOJ is flooded with complaints. This in turn leads to salutary neglect of its duties regarding checks and balances on companies and corporations. Investors benefit as stock values are pushed higher and higher, destroying actual worth values. Hedge funds eventually become worthless, as demonstrated by Bear Stearns June failing. In the words of Wall Street Investor Jacob MacMichael:

    Quote:
    The Darwinian Economic Cycle has wreaked havoc on the DOJ and the NASDAQ for several financial quarters, and the issue will only degenerate unless filesharing is stopped in its tracks. I support all anti-filesharers and in the name of patriotism and Patrick Henry, "GOD BLESS AMERICA!"
    I hope this straightens our misunderstandings out kind sirs.
    : ) what an idiot.... It's all about the $$$$ filesharing p2p networks, RIAA, MPAA, US Gov.... the list goes on and on.... without p2p we would still be getting in our cars driving to the record shop and paying waaaayyyyyy to much for worthless cd's. At least now we can purchase each song we like not what Britney says we should like....BTW DJI hit $14,000 for the first time in history..... yeah... it's gotta slow down sometime.... funny thing though... it took 7 years to go from 11,000 to 12,000 but only a year to get to 14,000.
    keith49 (Newbie) 21 July 2007 17:40 Send private message to this user   
    well said ddp re whitechoc i think the bow was stretched a bit too long to blame file sharing as recking the economy of the usa. i would think bad decision of a current president and his cohorts like going to war in iraq to "save the poor iraq's from themselves" when it is actually all about oil and bushes rich mates in the oil business who have pushed this line. we have a very rich economy here at the moment in australia but it only because of the mineral boon going on because of china and india BUT when that slows down we are literally F----D because like america all our jobs have been exported overseas (asia).
    Originally posted by ddp:
    whitechoc, i have some swampland for sale & if you believe that bs then you better go to a mental institute because what you just posted is full of bs.
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