The MafiAA are taking another smack from the EFF, who've now filed an amicus over the company's abuse of copyright.|
The difficulties facing ?the dolphins? are compounded by the challenges that individuals face when attempting to litigate in federal court. When the RIAA threatens suit against an individual, it makes sure to offer her a carefully chosen sum that is substantially smaller than the legal fees required to fight the accusations, even for defendants that are completely innocent non-infringers. Faced with the threat of costly litigation to defend their names and the possibility that many thousands of dollars in damages might be wrongly assessed against them, see, e.g. BMG Music v. Gonzalez, 430 F.3d 888 (7th Cir. 2005) (affirming $22,500 statutory damages award against a mother of five found liable for illegally downloading thirty songs), many innocent people settle because they cannot afford the legal costs to fight back.
Thus, at the heart of Defendant?s counterclaims and Plaintiffs? motion to dismiss is the question of consequences ? namely, what consequences should attach to plaintiffs who carelessly net ?dolphins? in their mass litigation campaign and then walk away from these cases when a dolphin acts affirmatively to protect itself?....