Legal Issues

by Mike Masnick

Filed Under:
legal fees, riaa, tanya andersen


Once Again (With Feeling): RIAA Told To Pay Tanya Andersen's Legal Fees

from the pay-up,-fellas dept

Despite suing the wrong person multiple times, the RIAA has always pushed back when asked to pay for the legal fees of those wrongfully sued. Tanya Andersen has fought back pretty hard on that claim (and then sued the RIAA separately on other charges as well). Despite multiple tries, the court has repeatedly sided with Andersen pointing out:
Copyright holders generally, and these plaintiffs specifically, should be deterred from prosecuting infringement claims as plaintiffs did in this case. Plaintiffs exerted a significant amount of control over the course of discovery, repeatedly and successfully seeking the court's assistance through an unusually extended and contentious period of discovery disputes. Nonetheless, after ample opportunity to develop their claims, they dismissed them at the point they were required to produce evidence for the court's consideration of the merits..... this case provides too little assurance that a prosecuting party won't deem an infringement claim unsupportable until after the prevailing defendant has been forced to mount a considerable defense, and undergo all that entails, including the incurring of substantial attorney fees.
Back in May, the court again sided with Andersen on the issue of legal fees, and has now entered its final ruling telling the RIAA to pay up nearly $108k to cover Andersen's legal fees in defending herself all these years.

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  1. identicon
    eleete, 29 Jul 2008 @ 5:37am

    The Larger Goal

    Hopefully this will lend credence to her case against the RIAA for racketeering and other charges. That would be the big victory in all this, especially if it reaches class action. As with many cases like this, the judge is sending a message that what they did was wrong, but no one bothers to adjust the laws so that their actions have no merit. It's hard to shake a finger at the **AA when our politicians tweak countless laws in their favor and grant them longer terms on their monopolies. $108,000 is a drop in the bucket for these associations. They've earned much more than that with these strategies and probably will for some time to come until our polluticians realize who their constituents really are. The laws they create provide incentive for this innovative behavior.

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