P2P, RIAA has refunded Tanya Andersen
UPDATE: the Atlantic v. Andersen lawsuit has finally ended: in the last days RIAA has opened its wallet and has refunded Mrs.Andersen with a sum of 107,951 dollars, exactly 117 dollars over the amount set by the judge to cover the interests due to delay. So the recording companies have been defeated in one of the most glaring legal cases of their crusade against file sharing, and the woman wrongly accused of unauthorized P2P threats now to put them on the grill in the still pending Andersen v. Atlantic lawsuit.
The nightmare of the Andersen family, targeted for three years by the mercenary lawyers of the American majors and related criminal organizations, has finally ended. A judge has settled that Tanya Andersen, a single woman from Oregon who maintains the young daughter Kylee with a disability pension, have the right to be refunded of 107,834 dollars for the covering of legal fees sustained until now to fight the RIAA accusations of unauthorized file sharing on the rotting KaZaA/FastTrack network.
Accusations that, as already stated by the Court of Oregon in June 2007, have proved to be without basis: pressed by the Andersen lawyers and by the Court requests, RIAA haven’t been able to produce tangible evidences for corroborating the woman guilt, withdrawing the accusations and allowing her to answer back with a counter lawsuit tasting like a class action against the alleged practices of conspiracy, abuse of judicial power and fraud of the well known and largely hated association of the recording industry majors.
“Plaintiffs exerted a significant amount of control over the course of discovery - can be read in the previous verdict in favour of Andersen - 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“.
The counter lawsuit is still up, but the personal nightmare of Tanya Andersen and her daughter Kylee - whom at one point of the event RIAA would have wanted to force in testifying in the court in spite of her 10 years of age - has ended with the resolution of judge James A. Redden to award the above said amount of more than 100,000 dollars to the defendant. A resolution surely favorable to the Andersen family, nevertheless below the 300,000 dollars asked as compensation by lawyers.
Both RIAA and Andersen could now appeal to the Court decision, considering the will of the woman to let majors pay for all the mud unfairly threw to her and the one of the majors to not to further strengthen the Atlantic v. Andersen case as one of the most important precedents (in their disfavour) in the always raging legal war against users and p2p sharers.
But looking at the time spent to arrive at a concrete decision and the accusations of conspiracy and fraud still pending on the shoulders of the majors, it’s highly probable that the game will now move to the new front that sees RIAA to fend the comprehensible avenging desire of Mrs. Andersen, turned from a dangerous “pirate” of precious audio tracks on the file sharing to a punisher of the persecutory crusade of the dying recording industry.
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