A US District Court judge in Oregon has reaffirmed a magistrate's award of attorneys' fees and the dismissal of exonerated RIAA defendant Tanya Andersen's counterclaims against the RIAA without prejudice so that her class-action lawsuit against the record labels can move ahead.

Andersen, a disabled single mother who resides in Oregon, was sued by the RIAA in February 2005 for distributing gangster rap over KaZaA using the handle "gotenkito." She denied all of the RIAA's allegations and filed the now-dismissed counterclaims in October of that year. After over two years of contentious filings and allegations of misconduct by the RIAA's investigators, Atlantic v. Andersen was dismissed with prejudice after the record labels decided to drop the case.

Andersen was awarded attorneys' fees by the magistrate overseeing the case in September of last year, a decision that was quickly appealed by the RIAA. In a ruling noticed this morning by copyright attorney Ray Beckerman, Judge James A. Redden agreed with the magistrate's findings, writing that "the court's order dismissing Andersen's claims without prejudice provide a sufficient 'judicial imprimatur' on the 'alteration of the legal relationship of the parties' to justify conferring prevailing party status on Andersen."





Tanya Andersen

Judge Redden also upheld the magistrate's decision to dismiss her counterclaims without prejudice so that they could be heard as part of a malicious prosecution lawsuit filed by Andersen last June after the RIAA's case was dismissed, citing the "interests of judicial economy and comprehensive litigation."

Andersen's malicious prosecution lawsuit accuses the RIAA of invasion of privacy, deceptive business practices, libel, slander, and a host of other misdeeds, saying that the RIAA has "engaged in a coordinated enterprise to pursue a scheme of threatening and intimidating litigation in an attempt to maintain its music distribution monopoly." Her complaint contains some very disturbing allegations, including one that labels attempted to contact her then eight-year-old daughter under false pretenses without Andersen's permission.

Andersen is seeking class-action status for her lawsuit, which would allow anyone who was "sued or were threatened with sued by Defendants for file-sharing, downloading or other similar activities, who have not actually engaged in actual copyright infringement" to join the lawsuit. The RIAA has denied any wrongdoing and has moved for dismissal of the lawsuit.