[Sussex] What happends when RIAA go to court

[Steve 'Dobbo' Dobson]

Geoff

On Thu, May 10, 2007 at 01:59:08PM +0100, Geoff Teale wrote:
> Andrew Guard wrote:
> >So far there is not one court case RIAA have won in court due to P2P 
> >activity.
> 
> That may be true, but the MPIAA worked with MGM did successfully taken 
> on Grokster in 2005.  In this case  Debbi Foster has been found, in 
> court, to not have committed the acts that Capitol accused her of.   

To me the important thing here is that, having moved to dismiss their claim,
Capital had Ms Foster's costs awarded against them.

Apparently (from what I've read on Groklaw [1]) it is not normal to award
costs if a case is dismissed with prejudice[2].  I think this is broken,
the defendant has had to spend her own money defending her name and
thus should be entitled to recover those costs if the plaintiff can't prove
their case.  

Steve IMNAL

[1]
http://www.groklaw.net/articlebasic.php?story=20070208021454284

[2]
That means that the plaintiff can't try again later, even if they find more
evidence against you [3].

[3]
As I understand it.
-- 
                              Steve "Dobbo" Dobson
                                steve at dobson.org
                               SussexLUG Master
-------------------------------------------------------------------------------
BOFH excuse #16:

somebody was calculating pi on the server
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: application/pgp-signature
Size: 189 bytes
Desc: Digital signature
Url : http://mailman.lug.org.uk/pipermail/sussex/attachments/20070511/0837356c/attachment.pgp