RIAA: Foster Ruling Is "In Error"

The RIAA issued a statement regarding a judge’s order requiring Capitol Records to pay Debbie Foster over $68K in attorney’s fees, claiming that the judge made a mistake in granting the fees that will not be replicated by other judges in similar P2P lawsuits: "We respectfully believe that this ruling is in error and is […]

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The RIAA issued a statement regarding a judge's order requiring Capitol Records to pay Debbie Foster over $68K in attorney's fees, claiming that the judge made a mistake in granting the fees that will not be replicated by other judges in similar P2P lawsuits:

"We respectfully believe that this ruling is in error and is an isolated occurrence.

"Our interest in these cases is enforcing the rights of the recordcompanies and artists, while fostering an online environment where thelegal marketplace can flourish and the music industry can invest in thenew bands of tomorrow. In the handful of cases where the personengaging in the illegal activity in the household is not the personresponsible for the ISP account, we look to gather the facts quicklyand do our best to identify the appropriate defendant."

It's worth noting that the RIAA was granted a default judgment against Foster's daughter Amanda, who declined to answer the RIAA's complaint. This award of attorney's fees, however, could mean that labels can't claim that the person who pays for an internet account is responsible for infringement that occurs using that account, without incurring risk. The RIAA believes this Capitol vs. Foster order is an "isolated occurrence," but with so many open/shared Wi-Fi networks in operation these days, I think we could see this sort of ruling again.