The case of Elektra v Santangelo has been one of the more closely followed cases in the RIAA’s crusade against suspected file sharers, due in no small part to the aggressiveness of Patti Santangelo’s defense. Ray Beckerman is reporting that Judge Colleen McMahon has denied the RIAA’s motion to dismiss the case without prejudice, ruling that the case must either proceed to trial or be dismissed with prejudice.
It’s a noteworthy ruling because if the case is dismissed with prejudice, Santangelo would be considered the prevailing party and would likely be entitled to an award of attorneys’ fees, as in Capitol v. Foster. In her ruling, Judge McMahon concluded that “no conceivable interest of justice would be served by permitting this case to be dismissed without prejudice against defendant.” Instead, the defendant should have a shot at vindication via a trial or have the case dismissed with prejudice.
“This case is two years old,” wrote Judge McMahon. “There has been extensive fact discovery. After taking this discovery, either plaintiffs want to make their case that Mrs. Santangelo is guilty of contributory copyright infringement or they do not.”
The choice is clear-cut for the RIAA: either proceed with a full-blown jury trial in which they will have to convince a jury that the defendant is guilty of secondary infringement—making the same argument that the judge in Capitol v. Foster didn’t buy—or agree to an order dismissing the action with prejudice. (For a further discussion of secondary infringement, see earlier Capitol v. Foster coverage.)
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Hehe Its fun to watch the pigs sweat.