Just as the Lunatics predicted, the RIAA’s lawsuits are starting to backfire. The recording industry’s legal strategy of suing their fans has received several legal setbacks this week.

First, a federal magistrate is recommending that Tanya Andersen be awarded $108,000 in legal fees. This recommendation made yesterday in Oregon by Magistrate John Acosta has the RIAA paying Tanya’s attorney, Lory Lybeck. Now with her fees being paid by the record companies, Andersen’s attorney is going to continue her class action lawsuit on behalf of all the other people the RIAA has sued.

And in an another case, Capitol v. Thomas, District Judge Michael J. Davis has “sua sponte” issued an order stating that he believes he may have committed a “manifest error of law” by giving an incorrect jury instruction. The instruction that accepted the RIAA’s “making available” theory had been debunked in another court earlier in this year. That means the RIAA’s legal eagles kept the judge out in the cold.

Deceiving our country’s courts is not in keeping with the “American Way,” but then again, none of the Big Four RIAA companies are owned by Americans. Why should they care?