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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Filed Under: legal fees, riaa, tanya andersen
Companies: riaa

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  1. identicon
    Kevin, 29 Jul 2008 @ 4:25am


    sadly RIAA will probably opt for appealing and re-appealing, spending more that the 108K and extra fees for the follow up suits instead of paying up and moving on.

    Of course they will. They've built their cases on a house of cards, and their strategy is to divide, intimidate, and conquer. The business model is simple:

    1. Send out thousands of letters accusing people of infringement. Tell them that they can settle up for $5000, or be sued for a couple million dollars in damages.

    2. To ensure that people just cough up the money instead of fighting, sue the shit out of anyone who challenges you. Make it clear to everyone else that choosing to NOT pay up will cost them far more than just paying the extortion man.

    3. Never lose a case. If someone ever set the precedent of actually beating their claims, then more and more people will resist until the business model isn't profitable any longer. So that means make sure that the case never gets to trial by dragging out discovery, offering a settlement, dropping the charges, whatever it takes.

    4. Under no circumstances pay attorney's fees. If people find out that they not only can fight back, but also stand a good chance of not having to pay to defend themselves from the specious charges then a lot more people will be choosing not to settle. Not only does that diminish revenue from the "pay up" letters, but it also costs a lot more for the RIAA in attorney's fees.

    5. Profit!

    They'll do anything that they can to avoid paying up, because if they do pay up then the house of cards collapses.

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