One case where the RIAA not only failed to win a case but where the defendant is fighting back is Capitol v. Foster. In that case, Deborah Foster was sued by the music label for illegal music downloads, but proclaimed her innocence, fought, and won. While her countersuit did not go through, the judge did agree that the plaintiff was liable for attorney’s fees. Those were originally $55,000, but the RIAA, fearing a wave of such motions that could cause their extortion scheme to backfire, fought against it. They failed, and as a result of the continued fight, they now must cough up $114,000.

Not that Foster can expect Capitol or the RIAA to cough up what they legally owe as fast as the RIAA expects college students to cough up the money demanded of them, of course. After all, it would be a setback on another level: do you know how many college students the RIAA would have the successfully extort in order to get $114,000? Thirty-eight, that’s how many. That’s a lot of college students to shake down. And if the ruling stands and the RIAA eventually is forced to cough up, that means trouble: if just one out of every few dozen victims the RIAA tries to shake down fights back, the RIAA could be looking at a money-loser here.