RIAA v Santangelo rolls on

May 2007

Internet, record labels

The long running litigation in the case(s) between the Recording Industry Association of America and various members of the Santangelo family rolls. The action stated with a suit against Patricia Santangelo, the American mother accused of illegally sharing music via her PC. Launched in 2005 the case has been problematic for the RIAA from almost from the word go because it quickly became apparent Santangelo herself had clearly not shared any music, and attempts by the industry association to suggest the mother should and could be held
liable for any filesharing committed by her children or their friends on her home PC were generally rejected by the courts. The RIAA then dropped the case to concentrate of Ms Santangeo’s children and did obtain a judgment in default against Patricia’s daughter Michelle. Patricia’s son, teenager Robert, is still fighting his case. But in a new the federal judge considering that application to dismiss the case against Patricia has only agreed to dismiss the case ‘with prejudice’ meaning that the RIAA can not now launch future proceedings against Patricia and they may be open to a claim for Patricia’s legal costs in defending the action – something another mother unsuccessfully targeted by the record industry, Deborah Foster, succeeded in doing earlier this year (although the RIAA is in the
process of appealing that decision).
CMU Daily http://www.cmumusicnetwork.co.uk/daily/archive.html

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