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Hearing about a new wave of file sharing lawsuits from the Recording Industry Association of America is nothing new. Hearing about the RIAA losing in court, however, is a story that isn't reported on very often. Most file sharers that receive a subpoena from an attorney representing the RIAA usually choose to settle out of court. Most of those file sharers who end up settling out of court typically pay fines that range between $2,000 to $6,000.
The RIAA accused Debbie Foster of copyright infringement in November 2004 while adding Amanda Foster, Debbie's daughter, to the complaint from the RIAA in July of 2005. Although offered the opportunity to settle out of court for $5,000, Foster elected to fight the case. After being asked to provide dates of alleged copyrighted files downloaded and when they were downloaded, the RIAA didn't have the records -- The RIAA decided to ask the court to withdraw its case. While doing so, Judge Lee R. West also awarded her attorneys fees. Arstechnica reports:
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In his opinion, Judge Lee R. West wrote, "because this Court finds that the plaintiffs' voluntary dismissal with prejudice services as a complete adjudication of the issues set forth in their complaint and acts as a bar to further action on their claims, the court concludes the matter has been finally adjudicated in the defendant's favor... [which] represents a judicially sanctioned material alteration in the legal relationship between Deborah Foster and the plaintiffs. Ms. Foster is therefore the prevailing party for purposes of the Copyright Act."
All it takes is to ask to see the records?? (no pun intended!)
