RIAA Hit With $108K In Attorneys Fees
May 19, 2008 at 5:24 AM (PT)
RIAA nemesis TANYA ANDERSEN has achieved another milestone victory. After fighting the RIAA to a standstill, forcing it to drop its file sharing case against her, an OREGON court has now awarded her close to $108,000 in fees and costs, reports P2PNET NEWS. While the amount sounds impressive, it is approximately one-third of the $298,995 that ANDERSEN had demanded. The amount though, signals what is in effect a default victory for other lawyers representing RIAA victims.
It means they now know they’ll be able to proceed with counterclaims bolstered by the knowledge they’ll be paid their work. "This will assist in levelling the playing field in other cases," ANDERSEN’s lawyer, LORY LYBECK, told P2PNET. It’s also only the second time these kinds of fees and costs, which count for up to JULY 1ST last year, have been awarded, he says.
Federal Magistrate JOHN ACOSTA reviewed the fees request after the RIAA dropped their lawsuit of illegally downloading music against ANDERSEN. You may remember that the RIAA initially sued ANDERSEN back in 2005. The case was dismissed with prejudice in JUNE 2007 and ANDERSEN countersued afterwards (NET NEWS 3/17). Both sides have been fighting over the legal costs since then.
The RIAA said the case was a simple copyright infringement case and argued that ANDERSEN only deserved $31,000. They also claimed that she only required a single attorney, but ANDERSEN showed up with as many as six lawyers at some hearings.
Judge ACOSTA awarded ANDERSEN’s attorney LORY LYBECK an hourly rate of $325 per hour instead of $375 that ANDERSEN sought.