Stanford CIS

When Dolphins Fight Back

By Henry Lien on

The RIAA once infamously likened it's campaign of lawsuits against individual filesharers, which has included suits against clearly innocent grandparents, parents, non-computer owners, and even dead people, to driftnet fishing.  "When you fish with a net, you sometimes are going to catch a few dolphin."  Luckily, these dolphins are fighting back.  Not only are they fighting, they are winning.

Ray Beckerman, on his blog Recording Industry vs. The People reports that Elektra v. Santangelo, the case against Patty Santangelo, an innocent mother who was wrongly targeted by the RIAA, has finally ended.  The parties stipulated to a dismissal with prejudice, and Santangelo will be allowed to move for attorney's fees.  This is yet another victory for those opposing the RIAA's assembly line of lawsuits against its own consumers.  Santangelo had vowed to Fight Goliath until the end, and she has finally prevailed.

This victory follows on the heels of another major victory in Capitol v. Foster.  Earlier this year, Judge West, of the Western District of Oklahoma, awarded attorney's fees to the defendant in that case, Debbie Foster, after the RIAA dragged on its meritless case against Ms. Foster for years.  Ms. Foster has yet to see any money because the RIAA is fighting tooth and nail through the discovery process to avoid having to pay.

Hopefully, the court in Santangelo's case will follow in the footsteps of Judge West and grant Ms. Santangelo attorney's fees.  Maybe then the RIAA will think twice before continuing its driftnet fishing expedition and harassing innocent dolphins.