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Finally: A Lawsuit Victim Refusing to Settle

Of the 13,000 lawsuits brought to ordinary people by the RIAA, not a single case has reached court. The settlement office employed by the RIAA has been reported using bullying tactics to encourage quick settlements of $3,000 to $7,000. It's not the money the RIAA wants; it's the opportunity to brag of quick compliance of thousands of customers who have, we are urged to imagine, seen the error of their criminal ways and turned away from file-sharing. The real truth is saturated with bewilderment and intimidation, plus an unwillingness on the part of individuals to risk money and time fighting an international consortium of giant media companies with limitless resources. This despite claims of some attorneys that the RIAA does not have a particularly strong case to bring to court.

Now a single mother from White Plains, NY cannot stomach the idea of paying a settlement cost for something she did not do—and neither did her kids. Apparently KaZaA was downloaded and actrivated by a friend of one of her kids. The RIAA viewpoint has always been that the ISP account holder is responsible for all activity on that household's computer. U.S. District Judge Colleen McMahon will decide whether that holds up. McMahon, in a moment unrelated to this case, once issued a heartening quote: "I would love to see a mom fighting one of these."

If McMahon throws out the case, the RIAA will minimize the damage and continue its public relations campaign relatively untroubled. The importance of a win here for the White Plains woman would be the setting of precedent—the only ruling ever made in an RIAA vs. Consumer case. It could give hundreds of other confused lawsuit victims the courage to escape the bullying and intimidation without paying what is, for most people, a whopping financial settlement. Of course, there are lawyer costs. But I'm guessing many people would rather pay several thousand dollars to their lawyer than to the faceless, meaningless RIAA.

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