"This case is about the ability of an innocent defendant accused of copyright infringement to defend himself in court, litigate his defenses, and, if successful, recover his attorney's fees."
The RIAA goes after suspected copyright infringers ruthlessly and with a heavy hand. But now, the litigation-crazed music recording industry association might wind up paying a lawyer to represent it before the United States Supreme Court for making a bad mistake.
It turns out that the RIAA, in its often militant and deliberately intimidating efforts to bring legal measures against people who are accused of illegally sharing downloaded music files—which cuts out the ability of either the recording label or the artist to earn their due commissions and royalty, respectfully—has falsely accused Cliff Thompson, and then his daughter, of illegal file-sharing.
The RIAA has had a difficult time adapting a new business model to the fast and furiously changing digital world of music that has taken the planet by storm in the 21st century, a model that would not hinder the facility of electronic downloading and the welcomed ease of music swapping while at once making sure that the labels and artists get paid what they have due.
One example of a successful adaptation is that of formerly notorious Napster. Once upon a time the leader in music piracy, Napster is now a legal business that still affords its customers convenience, flexibility, and a vast music library at highly affordable prices that also sees to it that artists and labels are getting their cut.
"This case is about the ability of an innocent defendant accused of copyright infringement to defend himself in court, litigate his defenses, and, if successful, recover his attorney's fees to the same extent as a prevailing plaintiff would under the same circumstances,"
argued the San Antonio Texas man in his Court petition. He has had to spend nearly $7500 in legal defense against the RIAA since 2004.
The RIAA has often been accused of clumsy copyright enforcement techniques and using its very deep pockets to bully people. The association typically uncovers suspected infringers by tracking IP addresses that are uploading music to a peer-to-peer site. However, this technique often turns up the wrong suspect, or somebody who isn’t doing anything illegal.
Thompson's attorney, Ted Lee,
wrote to the Justices, “There is a clear and present need for this court's intervention and guidance on this important issue of copyright law…an absence of uniformity between the circuits, concurrent with an onslaught of litigation by the music companies against internet account holders, only serves to provide innocent defendants with even little, if any, incentive to fully litigate any meritorious defenses they may have."
