I think there's a movie in the curious case of Elektra v Santangelo. Partly because it's an interesting story (if only because the case outlived the label in its name), but also because I think 'Santangelo' is a great name for a movie. Anyway, more news for you in the long running RIAA litigation against the Santangelo family, and another setback for the trade body, though they're doing their best to play it down the significance of it all.
This is the much previously reported RIAA anti-P2P action against Patricia Santangelo, the American mother accused of illegally sharing music via her PC. As previously reported, the legal action by the RIAA, first launched in 2005, has been problematic almost from the word go because it quickly became apparent Santangelo herself had clearly not shared any music, and attempts by the industry association to suggest the mother should and could be held liable for any filesharing committed by her children or their friends on her home PC were generally rejected by the courts.
The trade body announced at the end of last year that it was dropping its action against Santangelo, launching litigation against her children instead. The RIAA asked the court to dismiss the case 'without prejudice', but after much behind the scene negotiations the federal judge considering that application has only agreed to dismiss the case 'with prejudice'. The distinction is important because it means that the RIAA can not now launch future proceedings against Patricia Santangelo and also that she could now sue the trade body for her legal costs in defending the action - something another mother unsuccessfully targeted by the record industry, Deborah Foster, succeeded in doing earlier this year (although the RIAA is in the process of appealing that decision).
When approached by Digital Music News, the RIAA's Jonathan Lamy played down the significance of the latest ruling on the Santangelo case, but others think it is important because if the trade body is increasingly forced to pay the legal costs of those alleged file sharers it unsuccessfully sues, it makes their anti-P2P litigation much more risky - especially given that there is a high risk of targeting the wrong specific individual when music is illegally distributed via home PCs used by a number of different people.
The RIAA has had some success in the wider Santangelo case, of course, winning its action against Patricia's daughter Michelle who failed to respond to the lawsuit against her. Santangelo's son Robert is, however, defending himself in the lawsuit against him and while many of the points raised in his lengthy defence have previously been rejected by the courts in previous cases, if and when the case goes to court, the PR costs of the major record companies fighting a teenager in court could be significant, even if the RIAA wins the case.