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Judge Says RIAA Owes Wrongfully Charged Downloader 50K

February 8, 2007

U.S. Judge Lee R. West of the United States District Judge for the Western District of Oklahoma has ruled that a Recording Institute of America file sharing lawsuit defendant has a right to $50,000 in legal fees she was seeking from the RIAA after their case against her was dismissed.

Capitol Records' had claimed Debbie Foster was liable for any infringement occuring on her Internet account, even though she did not download or use the files herself.

Judge West granted her an award of "reasonable attorney fees in this action under § 505 of the Copyright Act," but denies her "attorneys' fees under 28 U.S.C. § 1927." In his order, the Judge indicated that some of the $50,000 owed to Foster should be paid by Capitol Records- one of the entities involved in the suit.

 




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