Judge's decision leaves RIAA with lose-lose situation in Elektra v. Santangelo: "The case of Elektra v. Santangelo has been one of the more closely followed cases in the RIAA's crusade against suspected file sharers, due in no small part to the aggressiveness of Patti Santangelo's defense. Ray Beckerman is reporting that Judge Colleen McMahon has denied the RIAA's motion to dismiss the case without prejudice, ruling that the case must either proceed to trial or be dismissed with prejudice.

It's a noteworthy ruling because if the case is dismissed with prejudice, Santangelo would be considered the prevailing party and would likely be entitled to an award of attorneys' fees, as in Capitol v. Foster. In her ruling, Judge McMahon concluded that "no conceivable interest of justice would be served by permitting this case to be dismissed without prejudice against defendant." Instead, the defendant should have a shot at vindication via a trial or have the case dismissed with prejudice.