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Thanks to the Net, word of the RIAA’s defeat at the hands of the disabled Oregon mother is spreading like wild fire.

Vivendi Universal, EMI, Warner Music and Sony BMG’s RIAA (Recording Industry Association of America) tried to claim she was the massive (and illegal) online distributor of copyrighted ‘product’.

But the mother, Tanya Andersen, and her lawyers, Lory Lybeck (right) and Ben Justus, fought back from day one, proving RIAA victims don’t just have to sit there and take it, and that lawyers representing them don’t have to do so out of their own pockets.

Yesterday, p2pnet ran the first post on the fact the RIAA had actually paid up to the tune of almost $108,000.

Does She Look Like a Music Pirate?

One of the more interesting aspects of the case was the fact Business Week  ran Heather Green’s full-length feature story which for the first time gave an accurate mainstream media presentation of the case and events surrounding it.

Andersen, “spends most of her days sitting on an overstuffed sofa with a heating pad behind her back to ease chronic pain and migraines that have kept her on disability for nearly five years,” she says in Does She Look Like a Music Pirate?

“Her voice is soft and halting,” Green says »»»

Yet this woman is behind a fierce assault on the music industry and its tactics for combating music piracy on the Internet. “I’ve just got to keep doing what I believe is right,” she says, with Tazz curled up next to her on the couch. “And that’s fighting and letting people know what’s happening.”

After being sued by the music industry for stealing songs and winning the case’s dismissal, Andersen is now taking the record industry to court. Her case is aimed at exposing investigative practices that are controversial and may be illegal, according to the lawsuit. One company hired by the record industry, she claims, snoops through people’s computers, uncovering private files and photos, even though it has no legal right to do so. A different industry-backed company uses tactics similar to those of debt collectors, pressuring people to pay thousands of dollars in settlements even before any wrongdoing is proven. In Andersen’s case, the industry’s Settlement Support Center said that unless she paid $4,000 to $5,000 immediately, it would “ruin her financially,” the suit alleges.

Andersen is going after the recording industry under conspiracy laws. She argues the Recording Industry Association of America, the industry’s trade group, and its affiliates worked together on a broad campaign to intimidate people into making financial payoffs. The defendants “secretly met and conspired” to develop a “litigation enterprise” with the ultimate goal of preserving the major record companies’ control over the music business. Andersen is requesting class action status for her case, seeking at least $5 million in compensation for the class.

The RIAA tried to dime her down to $30,000

In June, “The RIAA have had their chance,” p2pnet posted, going on »»»

Now it’s Tanya’s turn.

p2pnet posted that towards the end of last month, the subject being efforts exerted by Vivendi Universal, EMI, Warner Music and Sony BMG’s RIAA to avoid paying Tanya —- Tanya Andersen, the Oregon mother who, with her lawyers Lory Lybeck and Ben Justus, has the Big 4 and their attack dog in full retreat —- the money they owe her.

Following years of vicious and unmitigated attacks by the RIAA and its cohorts, John V. Acosta awarded her nearly $108,000 in fees and costs,.

But Pay? No Way! – says the RIAA.

The RIAA tried to dime her down to $30,000, but that didn’t work.

So they tried $60,000.

That didn’t work either and now judge A. Redden has affirmed the Acosta award.

“After a looong drawn out battle, the recording industry paid Tanya Andersen’s lawyers’ fees,” blogs Business Week’s Green, going on:

“I wrote about her case this spring. The RIAA sued her for copyright infringement, but finally dropped the case after Andersen spent two years defending herself in court. She’s since sued them under conspiracy laws and is trying to get class action status.”

Nor is she alone in picking up the latest news.

Says Electronista:

“The newest development surrounding the long-lasting case of one Tanya Andersen and the Recording Industry Association of America (RIAA), sees the single mother turning the tables on the RIAA, countersuing, and winning. Fearing the worst, the RIAA offered Andersen a $30,000 settlement, which she refused, then upped it $60,000 to the same effect before being ordered to pay nearly $108,000 by a judge and setting a precedent. Andersen and her laywers, Lory Lybeck and Ben Justus, have opened the door in their efforts for more countersuits against the RIAA, which has been accused of bullying alleged illegal downloaders of copyrighted content into paying settlements to get rid of the lawsuits the RIAA slapped on them. Andersen’s successful countersuit for the RIAA’s frivolous lawsuit has earned her a court-ordered payment of $107,951.03, including $117.03 of interest, in attorneys’ fees.”

DailyTech writes the tide has seemingly turned, “with a number of key losses have the RIAA reeling,” going on:

“Among these is the precedent-setting rejection of “making available” claims.  According to the new precedent, the RIAA now has to provide actual proof that someone downloaded shared files, not merely that they had been made available.  Such proof is much harder to obtain.

“Another pending case may soon eliminate the use of MAC addresses as evidence, only allowing IP address to be used.

“The RIAA lost another significant case against Tanya Andersen.  Ms. Andersen was accused of downloading gangster rap under the username “gotenkito”.  However, forensics experts found no evidence of file sharing on her computer.

“The judge had little sympathy for the RIAA’s tactics and wastefulness of the court’s time.”

Dslreports says in 2005, “the RIAA sued a single mother from Oregon for sharing copyrighted music files on her broadband connection.”

It continues, “Unfortunately for the RIAA, they couldn’t actually prove she did anything wrong, so they were forced to drop the case. A Judge ultimately ruled that the RIAA had to pay the woman’s court fees of $107,951. After initially trying to get away with paying just $30,000 and then $60,000, the RIAA has finally paid Andersen the full amount. Andersen is still suing the music industry for violating racketeering laws.”

Now, as Recording Industry vs The People’s Ray Beckerman observed yesterday »»»

Phase I of the RIAA’s misguided pursuit of an innocent, disabled Oregon woman, Atlantic v Andersen, has finally drawn to a close.

But as some have pointed out, reimbursement for legal fees doesn’t compensate Ms. Andersen for the other damages she’s sustained. And that’s where Phase II comes in, Andersen v Atlantic.

There the shoe is on the other foot, and Tanya is the one doing the hunting as she pursues the record companies and their running dogs for malicious prosecution.

Should be interesting.

Definitely stay tuned.

Jon Newton – p2pnet

This entry was posted on Friday, August 15th, 2008 at 8:13 am and is filed under Freedom, P2P, RIAA News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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