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RIAA lawsuit target prevails in court

11 April 2007 5:23 by James "Dela" Delahunty | 6 comments

RIAA lawsuit target prevails in court Last month, we reported that Judge Colleen McMahon blocked the Recording Industry Association of America (RIAA) from dismissing a case against Patricia Santangelo without prejudice. The judge found that the case must be dismissed with prejudice or proceed to trial allowing Santangelo to clear her name after being accused of copyright infringement and illegal file sharing by the trade group.

A stipulation of discontinuance with prejudice was entered yesterday by both the plaintiffs and defendants, which now leaves Santangelo eligible to file a motion to recover her attorneys' fees. Of course, the RIAA will oppose the awarding of the fees. This particular case has been ongoing since 2005, when Santangelo claimed no knowledge of such infringement happening in her home.

The RIAA subsequently targeted her children, who were aged 15 and 11 at the time. The RIAA would prefer to walk away from any case that it cannot win quietly than ever see a defendant exonerated of the alleged crime.

Source:
Ars Technica


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Related articles:

  • Santangelos settle with RIAA after long battle (29 April 2009)
  • Santangelos want $8 million from AOL, Sharman (15 September 2007)
  • Defendent argues "making files available" isn't infringement (20 August 2007)
  • EFF: RIAA victim deserves day in court (11 April 2007)
  • RIAA's case against New York woman faltering (22 March 2007)
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    Discuss this article! 
    AlBundy (Member) 11 April 2007 5:48 Send private message to this user   
    I would to see this woman just "kill" the RIAA. Long live the "queen".

    The Shoe Man
    spydah (Junior Member) 11 April 2007 12:36 Send private message to this user   
    This is a great article we need plenty more of these.
    handsom (Senior Member) 11 April 2007 13:19 Send private message to this user   
    It would seem that across the US, judges are becoming perturbed with the fact that the RIAA effortlessly files these suits and then tries to act like nothing happened when they're wrong, irrelevent, or otherwise; they tie up the courts with these cases without proper research on their targets. I don't think the courts would mind so much if the RIAA took more time in gathering information on their targets before slapping suits against people. As it is, I think the courts are finally beginning to perceive this as reckless abuse of legal power, and it would appear that the court system has finally had it.

    If this trend continues, the RIAA may be facing it's first real opposition.
    tabletpc (Inactive) 11 April 2007 22:55 Send private message to this user   
    RIAA

    R - real
    I - idiot
    A - american
    A -#$%^%$^%
    Blackjax (Member) 12 April 2007 2:46 Send private message to this user   
    Oh I'm just waiting and drooling for the article where this woman absolutely hammers the RIAA. Wouldn't it be fantastic to see her get a nice big pile o'money. Say $750 for everytime she had to worry about what these morons were doing to her!
    Steve83 (Member) 13 April 2007 14:53 Send private message to this user   
    She needs to make some baseless criminal & civil allegations, and then claim outrageous financial damages. Then let the RIAA spend a few million DISproving their own guilt.
     Post your comment
     

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