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RIAA forced to pay P2P legal fees
By Jim Welte - MP3.com
July 19, 2007 at 04:23:00 PM | more stories by this author

Music industry's failed case against Oklahoma woman leads to first repayment of legal fees.

One of the few people to fight back in the music industry's legal battle against accused file sharers has succeeded, as the Recording Industry Association of America (RIAA) was ordered this week to pay a defendant nearly $70,000 in legal fees.

Repping the major music labels. Repping the major music labels.

Oklahoma resident Debbie Foster, who was sued by the RIAA in 2004 for copyright infringement, was later determined not to be the member of her household who was using file-sharing services. Instead, the RIAA successfully sued Foster's adult-daughter Amanda.

But the elder Foster decided to fight back, seeking to have her legal fees paid back by the RIAA. In April, Judge Lee R. West had ordered the RIAA to pay back her fees, and this week he set the amount at $68,685.23.

The sum was less than Foster had sought, but the RIAA had claimed that the number of billable hours and the hourly rate Foster cited were too high. West based his ruling on a "reasonable hourly rate for defendant's counsel" of $175.

In a statement, the RIAA disputed the ruling.

"Our interest in these cases is enforcing the rights of the record companies and artists, while fostering an online environment where the legal marketplace can flourish and the music industry can invest in the new bands of tomorrow," the group said. "In the handful of cases where the person engaging in the illegal activity in the household is not the person responsible for the ISP (Internet service provider) account, we look to gather the facts quickly and do our best to identify the appropriate defendant."

But the RIAA was successful in one regard. Foster had also sought to force the group to disclose how much it pays its own attorneys to go after music uploaders. Foster was unable to convince the court to force the RIAA to do so.

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4 Comments

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It is only soon that the music lables can think they can sue about anyone. There is a huge amount of kids that use P2P.
Posted 07/22/2007 5:40am
they don't make a profit from these lawsuits, i am sure the legal costs are more than the usual $2,000 they settle for. and ignorance of the law is no excuse, has "but I didn't know she wasn't 18" ever been a defense against statutory rape? and I mean they always have the FBI don't copy warning on cds, dvds, etc... people know not to copy, and if its a little kid that really doesn't know, then their parents should moniter what their kids are doing on the internet if they are that young. really though common sense would tell most people, if its a song that is on the radio or mtv or sold in stores, it is copyrighted. only with crappy local bands or seemingly not professional stuff would i agree with you. But I would be willing to wager she had some mainstream stuff on her harddrive.

and correct me if I'm worng, but the music uploaders are the ones on trial, i thought the RIAA only went after people providing the song for download to others. Even if she didn't know it was copyrighted when she downloaded it, she provided it to others to download from her without knowing the copyright status. It is her responsibility to know like you said. Again ignorance of the fact that downloading music is put in the shared folder or whatever and is being provided to others isn't an excuse, thats why before you install a program they confirm you have read the end license user agreement. You are given notice of how the program works, if you ignore it, thats your problem.
Posted 07/20/2007 7:28am
Sadly, it seems their real interest is the size of their wallet. The day they stop going after the people who download (pc novices, grandmas & little kids who dont know better) and focus fully on finding the people who share the music in the first place, is the day I'll believe their words. But as it is today, they're going after the consumers who don't know any better, which gives them more profit from the lawsuits. So I think the daughter should fight back and claim she didn't know the stuff she downloaded was illegal. In my opinion it isnt her responsibility to find out if the music is legal or not - the person who uploaded the songs in the first place is the one that should be on trial here. Think of it this way: If a man sells you a stolen car he gets thrown in jail, but if a man uploads an album the downloaders get a check. It doesn't make sense.
Posted 07/20/2007 6:30am
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