Defendant doesn't want RIAA let off the hook
I know lots of young law students are very interested in the cases the RIAA is bringing against file-sharers. They are using (or possibly abusing) the law in a way that is unique by using lawsuits to police those who might be infringing on the copyrighted material they broadly represent.
An interesting aspect to these cases is created when the RIAA decides to drop a lawsuit. They do this often, for several different reasons. Sometimes they realize they got the wrong guy. They hire specialists to find the IP addresses of infringers, and then the internet service provider may or may not supply the name of the person that IP address belongs to, depending on how hard the RIAA lawyers lean on them. Sometimes the specialists or the ISPs mess something up along the way. Other times they are sure they have the right person, but that person just happens to be a 95-year-old woman who doesn't even own a TV, let alone a computer. Perhaps the most amusing reason they will drop a case comes when a defendant hires a high-powered attorney.
Marilyn Barringer-Thompson is one such high-powered attorney, and she's a copyright lawsuit specialist to boot. She doesn't get the opportunity to defeat the RIAA in court, because they drop cases when they see her coming. She answers to RIAA lawsuits quickly, and with counterclaims. The RIAA is put in a bad position by this. If a case is dismissed with prejudice, not only does the defendant win, but the RIAA has to pay for the attorney fees.
If the RIAA will "cut and run" (I'm stealing phrases from the president, and I'm sorry) so easily at the sight of any powerful attorney, how strong can their cases be in the first place?
Defendant doesn't want RIAA let off the hook
An interesting aspect to these cases is created when the RIAA decides to drop a lawsuit. They do this often, for several different reasons. Sometimes they realize they got the wrong guy. They hire specialists to find the IP addresses of infringers, and then the internet service provider may or may not supply the name of the person that IP address belongs to, depending on how hard the RIAA lawyers lean on them. Sometimes the specialists or the ISPs mess something up along the way. Other times they are sure they have the right person, but that person just happens to be a 95-year-old woman who doesn't even own a TV, let alone a computer. Perhaps the most amusing reason they will drop a case comes when a defendant hires a high-powered attorney.
Marilyn Barringer-Thompson is one such high-powered attorney, and she's a copyright lawsuit specialist to boot. She doesn't get the opportunity to defeat the RIAA in court, because they drop cases when they see her coming. She answers to RIAA lawsuits quickly, and with counterclaims. The RIAA is put in a bad position by this. If a case is dismissed with prejudice, not only does the defendant win, but the RIAA has to pay for the attorney fees.
If the RIAA will "cut and run" (I'm stealing phrases from the president, and I'm sorry) so easily at the sight of any powerful attorney, how strong can their cases be in the first place?
Defendant doesn't want RIAA let off the hook