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RIAA Found Liable for Defendants Costs in File Sharing Case
Following the file sharing phenomena in the early 2000s, the Recording Industry Association of America (RIAA) launched a number of lawsuits against Internet users that it considered to be violating its members’ copyright in musical works. File sharing computers were identified, and suits were launched against the ISP customers whose names were associated with accounts that were engaging in file sharing.
Last year, a single mother in Oklahoma whose child had apparently engaged in infringing activity defeated one such RIAA lawsuit. In February, she was awarded her legal costs expended in defending the suit. A primary basis for the court’s reasoning is that the woman was completely Internet illiterate and did not consent to, or even know about her child’s conduct. Absent such a finding, the court held that the defendant could not be held liable for secondary copyright infringement. Finding that the defendant’s only option was to fight or accept a settlement for a wrong she did not commit, the court found the RIAA liable for her legal fees.
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