Oklahoma Woman Fights Back Against RIAA - We have just learned of another case, this one in Oklahoma City, Oklahoma, where a defendant is fighting back against the RIAA. The name of the case is Capitol Records v. Foster. There the defendant has filed counterclaims for a declaratory judgment of non-infringement, and for "prima facie tort" under Oklahoma law. The judge dismissed the counterclaim for "prima facie tort" but has left standing the counterclaim for a declaratory judgment. During the period Ms. Foster was accused of being a copyright infringer she did not even have a working computer. [Movies & Music]

The defendant was originally accused of illegally downloading and distributing copyrighted music material on the internet through the popular file sharing service Kazaa. The screen name that was linked to her identity supposedly was fflygirl11@KaZaA. She denied ever having used this file sharing system, and had a very good argument why. Apparently the defendant has never and still does not own a computer. Her ex husband had a computer at another location away from their house which he used for his contracting job at one point. When they were in the middle of the divorce, he left the computer without a monitor or keyboard with the defendant, but also said that the computer was broken. Currently the RIAA has no way of proving that the defendant ever used the file sharing program for illegal purposes and the defendant has a lot of good evidence proving her innocence.

I really can't understand why the RIAA had to stoop so low as the go after a helpless women in Norman, Oklahoma who has never had a computer in her life. Did they think they had a chance at getting her since they were suing just about everyone at that time? Well, seriously I understand that somehow a mix up could have happened or somehow the defendant is in the middle of a very good lie, but I really can't understand why this issue is still taking so long to resolve. Copyright infringement is bad, I agree 100% with this notion; but are there no more people, out of the thousands we were told of, who can be sued for illegal file sharing. The RIAA is definitely swinging at flies right now and should move on from this case if they really want to portray copyright infringement as a serious problem.