[Tanya Andersen], the defendant in Atlantic v. Andersen, has finally been paid $107,951 for reimbursement of legal fees. RIAA lawyers had appealed to get the amount reduced and originally offered $30,000 then $60,000, but [Andersen]’s lawyers convinced the judge to uphold the six-figure sum.
This is a significant setback for industry lawyers who often use illegal discovery techniques and have been criticized for using overly-litigious legal strategies to force defendants to settle. Sadly though, the payout only covers [Andersen]’s legal fees and doesn’t offer any compensation for damages, but a counter-suit filed in Portland, Oregon seeks exactly that. Here’s hoping her lawyers [Lory Lybeck] and [Ben Justus] continue to set favorable legal precedents for defendants of these lawsuits.
As far as the technical side of the discovery methods go, there are many ways to keep the RIAA off your back. The simplest is to disable your P2P client’s available file listing or turning off outbound traffic altogether. Other ways are to use encryption (although this is usually to get around ISP blocks) or download to an offsite machine. Hopefully, though, this judgment and eventual payout will make the recording companies reconsider the amount of lawsuits they file and to use less aggressive legal tactics.
P2P networks have long been a legal gray area, used for various spam schemes, illegal filesharing, and lots and lots of adware. Last year, though, the first botnet created by a worm distributed via P2P software surfaced, the work of 19-year-old [Jason Michael Milmont] of Cheyenne, Wyoming, who distributed his Nugache Worm by offering free downloads of the P2P app Limewire with the worm embedded. He later began distributing it using bogus MySpace and Photobucket links shared via chats on AOL Instant Messenger. The strategy proved effective, as the botnet peaked with around 15,000 bots. [Milmont] has plead guilty to the charges against him. Per his plea agreement, he will pay $73,000 in restitution and may serve up to five years in prison.
The six people arrested by British authorities for uploading files to the OiNK torrent network, all out on bail, have had the period of their bail extended. Charged with conspiracy to defraud the music industry, the woman and five men as well as OiNK operator [Alan Ellis] have been ordered to report to the police on July 1st, where their bail will be formally extended for another 27 days. According to TorrentFreak, sources close to the case believe that the police are still building their criminal case, which accounts for the bail extensions. They could have civil charges levied against them, but current British Law cannot prosecute individuals for illegal filesharing unless it is done for profit.