James Delahunty
11 Apr 2007 5:23
Last month, we reported that Judge Colleen McMahon blocked the Recording Industry Association of America (RIAA) from dismissing a case against Patricia Santangelo without prejudice. The judge found that the case must be dismissed with prejudice or proceed to trial allowing Santangelo to clear her name after being accused of copyright infringement and illegal file sharing by the trade group.
A stipulation of discontinuance with prejudice was entered yesterday by both the plaintiffs and defendants, which now leaves Santangelo eligible to file a motion to recover her attorneys' fees. Of course, the RIAA will oppose the awarding of the fees. This particular case has been ongoing since 2005, when Santangelo claimed no knowledge of such infringement happening in her home.
The RIAA subsequently targeted her children, who were aged 15 and 11 at the time. The RIAA would prefer to walk away from any case that it cannot win quietly than ever see a defendant exonerated of the alleged crime.
Source:
Ars Technica