Earlier this week, we mentioned the New Jersey woman who was going to charge the RIAA with racketeering for their file-sharing lawsuits (she hasn't actually filed the suit yet). We pointed out that it would be a tough claim to support, and others seem to be agreeing. A variety of entertainment attorneys are pointing out that the lawsuit doesn't stand much of a chance. They also suggest, however, that she has a different (though, less interesting) argument: she shouldn't be sued, because she's not liable for the actions of her daughter. Of course, the RIAA can then just turn around and sue her daughter directly. Still, it does bring up the issue of whether or not it's the RIAA's burden to prove who was actually doing the file sharing. They may know the household, and who pays for the internet connection - but that doesn't mean they know who is actually responsible.
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