Tanya Andersen is an single, disabled mother of a nine year old girl from Oregon. Blamed for downloading some gangsta’ rap back in ’05 on Kazaa she was promptly sued by the RIAA. This particular lawsuit of the RIAA’s was widely seen as a sort of rallying cry for the Fair Use crowd in search of digital sanity. The RIAA took a beating in public opinion over this lawsuit. However, Ms Andersen wasn’t simply denying the charges, this spunky woman wasn’t taking any of it from the RIAA and filed a counter suit charging the RIAA with racketeering and fraud.

The case itself had been looking bad for the RIAA. A forensic expert even said the RIAA had no evidence whatsoever that Ms. Andersen’s PC was ever used in an act of piracy. The RIAA pulled out of the case exonerating Andersen in a dismissal “with prejudice” which is unusual for the RIAA. According to ArsTechnica when the RIAA engages in legal blood sucking and has to retreat it will seek a dismissal without prejudice. Since Atlantic v Andersen was dismissed with prejudice Andersen can seek legal fees against the RIAA. Now Andersen’s counter claims are still “standing” which means she can pursue her counterclaims against the RIAA.

Could this represent a change of strategy for the RIAA, or is this a sign the RIAA might be admitting defeat in its constant pursuit of suing average Americans for piracy?