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Largest-ever Copyright Act attorneys' fees award gives the defense almost $110,000

The RIAA left behind a mess when it dropped its file-sharing case against single, disabled mother Tanya Andersen last June – and now, a federal magistrate judge says the RIAA must clean it up, to the tune of $107,834 in attorneys’ fees and court costs.

Andersen initially sought almost $300,000, as her attorney argued for a doubled fee due to a “high-risk, successful” defense. RIAA attorneys said the case was nothing more than a “straightforward copyright infringement claim,” and that Andersen’s claims were “excessive.”

Peer-to-peer news site p2pnet said the decision was effectively a “default victory” for other file-sharing defendants and their attorneys, who now know that if they prevail, “they’ll be paid for their work.”

“This will assist in levelling the playing field in other cases,” said Lory Lybeck, who is serving as Andersen’s lawyer.

The RIAA originally filed suit against Andersen in August 2005, claiming that either she or her nine-year-old daughter were downloading gangster rap under the username “gotenkito.” Andersen denied these claims, and forensic experts failed to find any evidence of file-sharing on her computer.

Andersen instead opted to strike back shortly afterwards, accusing the RIAA of violating federal anti-racketeering laws, among other charges, in October 2005. Eventually, her claims were rescinded and rolled into a separate class-action lawsuit, causing the court to rule them ineligible for award: “Andersen sought voluntary dismissal of those counterclaims in order to pursue them in a separate action,” wrote Magistrate Judge John V. Acosta in his ruling (PDF). “An award of fees on those claims is premature as there has been no adjudication of those counterclaims.”

They may be several more rounds of between Andersen and the record industry, however, as the RIAA can choose to file objections up until May 27. A similar case, Capitol v. Foster, netted $68,000 for exonerated defendant Debbie Foster’s attorney, but only after a considerable amount of back-and-forth.



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RIAA picked on the wrong mommy
By Nik00117 on 5/17/2008 10:58:10 AM , Rating: 5
"Gangsta Rap Music" erm, who pays for that shit anyways?

RIAA picked the wrong mommy and I love it, everytime I hear of something bad happening to the RIAA, it puts a smile across my face.




By Reclaimer77 on 5/17/2008 12:13:32 PM , Rating: 2
Ditto. Hell I'm smiling right now.


RE: RIAA picked on the wrong mommy
By phxfreddy on 5/19/2008 1:32:42 PM , Rating: 5
Who pays for gansta rap? I think I know. Dumbass guys who like the girls in the videos. The girls are in the videos because on a profound level woman are attracted to power and money which the listening doofasses willingly provide to the "cRAP ARTISTS" with their "music" purchases. Thus giving them more money and more "attractiveness" to women.

All that and the most amazing part is the "culture" this stuff comes out of appears to be a bit chimpish.


RE: RIAA picked on the wrong mommy
By AlphaVirus on 5/20/08, Rating: -1
By mindless1 on 5/25/2008 7:10:09 PM , Rating: 1
stereotyping might be a better word to use than prejeduce. You tend to hear about the troublemakers and notice the outrageous things the most, they are what stick in one's mind.

Some rap is of good quality, quite creative or inspiring, even pulling people together with a positive message, but some is just a way to imply studliness while a row of bootie is pressed up against a camera or a luxury car, fancy clothes and house are displayed. I won't even get into hate music beyond saying that rap artists get away with things no other music genre could which is knowingly offending an (American) culture that has some pretty conservative citizens at times. Keep it real.

If something wouldn't be appropriate to do if they came into your, or my home, why is it more appropriate to have to come in over a (TV set, etc)? There's where choice comes in, you can choose to like something while someone else can choose to hate it, and both are equally valid opinions to the subject making that choice.


RE: RIAA picked on the wrong mommy
By spluurfg on 5/22/2008 3:44:29 PM , Rating: 2
quote:
The girls are in the videos because on a profound level woman are attracted to power and money


Uh, well I think they're in the videos because they're professional dancers/performers and they're paid to be there. Though I suppose you meant that their purpose of being in the video is to make it seem as though the 'artist' is desirable. I think the idea behind these sorts of productions is to project a sort of hedonistic alpha-male lifestyle that can be yours without things like hard work or education etc.

If you're surprised that it appeals to a lot of people, then you vastly overestimate society.


RE: RIAA picked on the wrong mommy
By mindless1 on 5/24/2008 2:01:43 PM , Rating: 2
The answer to who pays is nobody, and that is why the RIAA keeps trying to insist the pirates have stolen away all their income and try to extract a few thousand dollars from a few thousand people over and over to pay for it all.


RE: RIAA picked on the wrong mommy
By Quiescent on 5/24/2008 2:09:55 PM , Rating: 3
I find the trend is this "genre" of music:

A. They do not pay for it and only listen to it on the radio
B. if they can afford a computer and a connection, they use limewire to download the songs.

So correct you are. Nobody pays for the cRAP that plays on the radio.


By mindless1 on 5/25/2008 6:54:52 PM , Rating: 2
Maybe, though I too seldom pay for music anymore, preferring to have a DJ'd randomized "player" via my radio, as well as occasional reminders of the time, weather updates, breaking news, etc. Then there's the principle, when a certain group sues grandmothers, children, homeless and deceased individuals it makes one pause and think about where part of the money spent is going.

There's a lot of crap on the radio for sure, but at least if you live near enough to a major metropolitan area then your radio's tuner is useful to weed out a fair bit of undesirable content.


Look whos talking !
By Reclaimer77 on 5/17/2008 12:06:59 PM , Rating: 5
quote:
RIAA attorneys said the case was nothing more than a “straightforward copyright infringement claim,” and that Andersen’s claims were “excessive.”


Excessive ?? They sue people for hundreds of thousands of dollars, and get away with it, for downloading songs. And they dare call her claims excessive ??

The chickens are coming home to roost RIAA.




Huge win for consumers
By LyCannon on 5/18/2008 5:16:46 AM , Rating: 3
quote:
Peer-to-peer news site p2pnet said the decision was effectively a “default victory” for other file-sharing defendants and their attorneys, who now know that if they prevail, “they’ll be paid for their work.”


Hopefully this will really help people fight back. There have been several key judgments against the RIAA lately. Hopefully they will begin to get the picture and spend their insane profits on making the music industry better, instead of punishing those who see no value in what they offer.




RE: Huge win for consumers
By Quiescent on 5/24/2008 2:13:14 PM , Rating: 2
Exaaactly. I see all the crappy popular bands for sale everywhere around me. The music I listen to is only findable on the internet. (Industrial techno/deathmetal/etc, certain techno, etc)

I hate to say it, but even a rapper dude "broke up" with the record industry and sells his music online and does great with it.


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