Intellectual Property Law

Judge Recommending Legal Fees in RIAA v. Andersen

By Ryan Singel, Kevin Poulsen, Sarah Lai Stirland, Kim Zetter, and David Kravets

A federal magistrate is recommending that Tanya Andersen, who defeated the Recording Industry Association of America's file sharing lawsuit, be awarded $108,000 in legal fees.

The recommendation by Magistrate John Acosta, if upheld by an Oregon federal judge, would mark the second time that a target of the RIAA who beat a lawsuit was awarded attorney's fees. In August, a federal judge ordered the RIAA to pay $68,685 in litigation costs to two Oklahoma women whose case was dismissed.

Whether RIAA defendants who successfully defend such suits are automatically entitled to legal fees is on appeal to the U.S. Supreme Court. The dispute is whether judges must award fees to a prevailing party under the Copyright Act.

The RIAA dropped the case against Andersen last year after concluding her hard drive didn't contain purloined music tracks. The RIAA initially claimed a Kazaa shared directory that linked to her internet-protocol address was unlawfully distributing thousands of songs.

In response to the lawsuit against her, Andersen has countersued the RIAA in a case seeking class-action status to represent what her attorneys say is thousands of persons wrongly sued by the RIAA. That case has been dismissed three times and it's fourth try is awaiting a legal response from the RIAA.

Andersen attorney Lory Lybeck requested $300,000 and the RIAA suggested $30,000 was more appropriate. The magistrate concluded an award equaling $325 an hour. The magistrate gave the RIAA until May 27 to file written opposition to the recommendation.

Photo Geek&Poke

See Also:

• Universities Baffled By Massive Surge In RIAA Copyright Notices
• File-Share With Immunity: Go to Harvard
• Chief RIAA Litigator Named Colorado Judge -- UPDATE
• Analysis: Despite Blogosphere Reports, RIAA Retains Legal Muscle ...
• File-Share With Immunity: Go to Harvard
• RIAA Says Andersen Class Action 'Is Long on Rhetoric' and ...
• Judge Dismisses RIAA Racketeering Lawsuit

Full post as published by Threat Level on May 15, 2008 (boomark / email).