Ray Beckerman reports that the federal judge overseeing the Elektra vs Santangelo case has denied the RIAA's request to have the case dismissed without prejudice. Judge McMahon ites that there is "Nothing in any papers filed by plaintiffs suggests IN THE SLIGHTEST that Mrs. Santangelo has ever perpetrated any fraud on this court."
This means that the RIAA has two options as to how it can proceed: Either it can take the case to court and jury, or it can request to have the case dismissed with prejudice. If the case goes to jury, then the lawsuit will proceed as any normal lawsuit, and the RIAA will most likely be forced to argue that Patti Santangelo was a secondary infringer.
If the RIAA deicdes to have the case dismissed with prejudice, the defendant will be named the prevailing party, and thus the RIAA will be on the line for Patti Santangelo's attorney's fees.
The Judge has also decided not to extend the filing deadlines, so the RIAA must either choose to dismiss the case with prejudice and submit the paperwork by April 1st, or appear at the status conference on April 13th with the appropriate paperwork.
Free Chipotle AND a rap on the knuckles for the RIAA? Today was a good day.
(Via The Recording Industry Vs. The People Blog)
Ars Article & Discussion
The Judge's Order