RIAA Receives beatdown from soccer mom round 1

By | September 22, 2005

In a minor yet important victory against the RIAAs bullying tactics a Michigan Federal Court dismissed a case after the record companies lawyers withdrew their original suit against the mother so that they could refile it against a 13 year old! The court blocked the record company from including the minor in the suit without a guardian ad litem and dismissed the case with prejudice at the request of the defense and a secondary appeal.

The geist of this case incompasses two ideas: 1) A guardian cannot be held responsible for illegal activities their child comitted while using a computer without their knowledge, even if the parent provided the computer and 2) Record companies must directly file their suits against the minor who is responsible, but may not do so without the child receiving a guardian ad litem to protect their rights.

This definitely stomps on part of the RIAAs “protection payment” practice by making cases against minors (who have been named in many of their previous suits) more complex as well as making them look like asses for filing against a child directly instead of their parent.

More on the case can be found here and the judgement is here.

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