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Download Enforcers May Be Singing New Tune
Recent court decisions may force the Recording Industry Association of America ('RIAA') to re-evaluate its litigation tactics. In the past, RIAA members were able to file actions against the owners of Internet addresses if their sites were used by others to file share.
The scope and tactics of the RIAA members appeared to have some of the characteristics of a nuisance suit. In this instance, a nuisance suit is a legal action accompanied by a settlement offer that is far less than the cost of defending the suit.
In Capital Records v. Foster, Case No. Civ. 04-1569W (W.D. Okla. Feb. 6, 2007), a music downloading copyright infringement case, the court limited liability for Internet address ownership and awarded attorney's fees to the prevailing defendant. As a result of the ruling, RIAA members will likely change their litigation tactics, which currently target individuals for file sharing based on the use of an individual's Internet Protocol ('IP') address alone.
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