An interesting court ruling in a US federal court in Oklahoma has led some to speculate about the future of the Recording Industry Association Of America's litigation campaign against individuals accused of illegally sharing music online.
The case in question was one being pursued by the RIAA against Debbie Foster and her daughter Amanda who, the trade association claimed, had been illegally sharing music online. RIAA lawyers said that file sharing had been traced back to the IP address of the Fosters' computer but when the family asked for details of the alleged infringement the plaintiff failed to do so.
Based on the RIAA's failure to provide detailed evidence of the allegations, Debbie Foster's lawyer called for a 'summary judgment' without trial, which led to the RIAA, in turn, withdrawing its case. The court allowed the withdrawal but went further, finding in Foster's favour and awarding her legal costs. Judge Lee R West said in a statement: "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".
With the RIAA's previously reported high profile case against teenager Brittany Chan dismissed by the Michigan courts earlier this year, some are now speculating that more of those people accused of illegally sharing music online might now challenge the RIAA's accusations - especially if there is a chance the court will award them legal costs if and when the RIAA fails to provide sufficient evidence to back up their claims.
Entertainment lawyer Steve Gordon told reporters this weekend: "If the RIAA cannot back up their claims of infringement with legally required evidence, this could affect all their cases and encourage more defendants to fight back, especially if, as in this case, the court awards attorney fees for the defendant".