By Richard Menta 9/27/05
The case of the RIAA against Candy Chan, the mother of a thirteen year old the record lobby accused of file sharing, has been dismissed from Federal Court Michigan court. In the suit the RIAA claimed that Ms Chan was "indirectly liable" for the actions of her daughter and must pay. According to CD Freaks, who broke the story, the judge threw out that argument and ruled the mother was not liable.
The case was also dismissed with prejudice, meaning it cannot be advanced to a higher court.
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Finally, the RIAA asked the judge to amend the ruling to allow them to sue the child through a Guardian Ad Litem (a guardian appointed by a court to represent a minor). The court denied that request also. The family did not go unscathed, though. According to CD freaks "While the case was dismissed, the mother had to pay legal fees as the Judge refused to award her attorneys fees".
As this was federal court it is a significant setback for the record industry in its pogrom to sue file sharers. Thousands have been sued and thousands have settled to avoid the burden of egregious court costs, including many who claim they never traded a file in their lives. The RIAA's work is sloppy and now that people are fighting back against the charges the courts are witnessing how specious the RIAA accusations are. These include the charges against Patricia Santangelo, a New York mother who is also being sued by the RIAA and who has decided to fight.
The irony is that these suits have done nothing to stem file sharing, which has continued to grow unabated. They must stop.
Other MP3 stories:
Three Moms Fight Record Industry Lawsuits
The Net is the Independent Artist's Radio