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The RIAA should pay

In the court system, if you don't defend yourself, the plaintiff is always the victor. Because the system is set up this way, you have to defend any action against you otherwise you will be judged liable.

Someone with deep pockets, like the RIAA, could intimidate the public by suing lots of people, causing financial hardness to most.

In other countries, the plaintiff has to post a bond to cover court expenses for them and the defendant incase they lose or withdrawal. In this country  you can sue with little out of pocket expenses and force the other side to settle, or expect the consequences of a long and expensive ordeal.

Since lawyers have been able to monopolize the legal system,  you can't find one for less than $200 an hour. It's very easy for large institutions like the RIAA to intimidate the little guy.

It's ok to sue if you think you've been wronged.  But if you drop the case because you think you can't win or don't care to pursue any longer, then you should be held liable for the expenses of the defendant you sued.

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