RIAA Takes Hit in Capitol v. Foster

As the recording industry has broadened its efforts to deter online peer to peer file sharing and recover what it views as lost revenues, its tactics have left many scratching their heads. Often using just an IP address as the smoking gun, the RIAA has filed thousands of suits against computer users, in some cases with little merit or success.

In one such case in federal district court in Oklahoma, Capitol Records v. Foster, the RIAA last summer dismissed a lawsuit it had been pursuing for over 18 months against a mother who had repeatedly denied any involvement in file sharing.  The RIAA then shifted into a full defensive mode in an effort to avoid paying attorneys fees, but just this week the court refused to reconsider its previous order requiring the record label plaintiffs to reimburse her for reasonable legal fees and costs accrued over the year and a half of wrangling.

The recording industry’s victory in MGM v. Grokster (2005) - a case in which faculty members from the Berkman Center submitted an amicus brief supporting Grokster – was seen by some to have emboldened the RIAA in its battles over file sharing.  The latest rulings in the Foster case may provide additional support and ammunition for some defendants targeted by the recording industry in its ongoing campaign against computer users.