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RIAA beaten in court by Tanya Andersen yet again

17 January 2008 21:25 by Rich "vurbal" Fiscus | 22 comments

Despite RIAA lawyers' brilliant legal argument that they shouldn't be required to pay the victim of a lawsuit they brought without evidence because they were still pretty sure she was pirating music has come to its logical consclusion. Today an appeals court upheld both the decision to force the RIAA to pay Tanya Andersen's legal bills and another dismissing her counterclaims against the organization without prejudice.

Although not as sensational, the status of her claims of RIAA harassment could have a longer lasting impact on the future of such litigation. After the RIAA's suit against her was dropped with prejudice, meaning they may not sue her over the same incident, Andersen decided to continue her claims against the RIAA in a separate suit that she hopes will qualify for class action status. By affirming the decision to drop her original counterclaims without prejudice, they may be included in future lawsuits, such as the one she has pending against the RIAA right now.

Her suit charges the RIAA with malicious prosecution and includes, among other allegations, that they tried to gather evidence against her by attempting to contact her eight year old daughter without her permission. She's also accusing the RIAA of violating Racketeer Influenced and Corrupt Organisation (RICO) laws, although this tactic seems unlikely to succeed as no violence or threats of violence are claimed.

Permalink to this article

P2P defendant Tanya Anderson awarded lawyer fees (15 May 2008)

Musician says RIAA reminds him of Mafia (23 February 2008)

RIAA to prosecutors: beware of crack dealing pirates (21 February 2008)

Australia falling in line with music industry talking points (19 February 2008)

RIAA contractors accused of illegal investigation in New York (5 February 2008)

Xunlei loses piracy suit in China (3 February 2008)

EFF targets RIAA's 'making available' claims (14 January 2008)

EMI threatens IFPI - reorganize or we quit! (12 January 2008)

Reports of the RIAA suing over CD ripping prove to be unfounded (3 January 2008)

University of Washington may not cooperate with RIAA (3 January 2008)

Oregon Attorney General comes out swinging in RIAA case (1 December 2007)

RIAA may not have authority for university subpoenas (20 November 2007)

RIAA trying to dodge legal fees after dropping case (18 October 2007)

RIAA sued by consumer citing illegal tactics (17 August 2007)

RIAA retracts "evidence" not related to their case (30 July 2007)

Florida woman accuses RIAA of fraud, extortion and conspiracy (5 June 2007)

RIAA throws in towel in Tanya Andersen case (4 June 2007)

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Discuss this article!
mediabob (Member) 17 January 2008 21:32
i hope she wins... [ + quote]
NatmanH (Junior Member) 17 January 2008 22:00
yea lol.. [ + quote]
Blackjax (Member) 18 January 2008 0:49
I ask while trying not to laugh or smile ...... Could this be the end of the beginning or the beginnig of the end for the mafiaa? [ + quote]
WierdName (Senior Member) 18 January 2008 1:28
The RIAA just needs to get shot down from their high throne. [ + quote]
7thsinger (Senior Member) 18 January 2008 8:44
The mafia will stop at nothing... *Quote:* that they tried to gather evidence against her by attempting to contact her eight year old daughter without her permission That is disturbing. [ + quote]
hughjars (Inactive) 18 January 2008 8:45
Howls of derisive laughter. [ + quote]
mfgnet (Newbie) 18 January 2008 11:39
Just stop buying music and going to the movies, and the RIAA will go away. [ + quote]
BludRayne (Junior Member) 18 January 2008 11:56
EFF you RIAA! We should be supporting Tanya and not Jamie. We all know Jamie shared music. [ + quote]
varnull (Senior Member) 18 January 2008 12:35
*Quote:* although this tactic seems unlikely to succeed as no violence or threats of violence are claimed. Really?? how about making somebody bankrupt and having the children taken away.. loss of home and liberty.. That isn't threatening?? Pull the other one. We all know the riaa are racketeers, using threats of expensive lawsuits against poor people to extort money.. That's exactly the same as sending some heavies round to smash the place up unless you pay up XXX.. VICTORY 1 Let the floodgates open... Oh and RIAA.. while you are watching.. where are my 21 years royalties.. still haven't had my check. [ + quote] This message has been edited since posting. Last time this message was edited on 18 January 2008 12:37
vurbal (Staff Member) 18 January 2008 13:12
From my research, and the history of the last person who tried to use RICO against the RIAA, it requires physical violence to be threatened, so no bankruptcy doesn't count. [ + quote]
vurbal (Staff Member) 18 January 2008 13:14
*Originally posted by BludRayne:* EFF you RIAA! We should be supporting Tanya and not Jamie. We all know Jamie shared music. Fixed that for you (added hyperlink) ;) [ + quote] This message has been edited since posting. Last time this message was edited on 18 January 2008 13:15
kragshot (Newbie) 18 January 2008 13:59
*Originally posted by vurbal:* From my research, and the history of the last person who tried to use RICO against the RIAA, it requires physical violence to be threatened, so no bankruptcy doesn't count. No, she's not going to get a RICO case on them, but it's still funny that she's using that defense and the message that she is putting out isn't lost either.... [ + quote]
eyeh8god (Newbie) 18 January 2008 15:21
Go Tanya! You get out there and kick some ASS!!! [ + quote]
ChiefBrdy (Junior Member) 18 January 2008 21:24
Nice move riaa. Going after an 8 year old. What, a 12 year old and a grandmother was too tough for you? What's next, a kid with cancer at St. Judes? It's about time someone kicked your greedy, narcissistic, smug, asses. I'm waiting for the day when the class action suit knocks on your door! [ + quote]
avoidz (Junior Member) 19 January 2008 6:50
RIAA is a rotten corpse, stumbling around with its arms outstretched, trying to grasp whatever is left of the music industry it once had control of. [ + quote]
Amir89 (Senior Member) 19 January 2008 8:20
Yep, going after single moms with Mp3's is a more productive use of time than going after Terrorist's with Mp5's... Current Specs: Intel82801BA Mobo, Intel D 945G @3.4Ghz, 2x2Mb L2 Cache, 1Gb DDR2 SD RAM @677Mhz, 250Gb WD Caviar @10,000Rpm, GeForce7600GT 512MB GDDR2, ASUSTek Tiger Digital/Analog TV Tuner, Samsung SyncMaster941BW 19" LCD, LG H20L DVD�R/RW DL LightScribe, LG GSA-4167B DVD�R/RW DL, Logitech Z-5500 505Watt 5.1 Surround [ + quote]
RNR1995 (Inactive) 19 January 2008 8:29
If the artists were a little smarter, they would F the whole industry by selling direct off their web site. Maybe someday.......... [ + quote]
cousinkix (Newbie) 19 January 2008 9:36
*Quote:* If the artists were a little smarter, they would F the whole industry by selling direct off their web site. Maybe someday.......... Hey; some of them are doing it now; because they're tired of just getting the pocket change from the sales of CDs. EFF the RIAA and support the artists you like, if they sell directly to the public... [ + quote]
RNR1995 (Inactive) 19 January 2008 10:52
A few are, but if they all did the Media Mafia would collapse [ + quote]
FredBun (Senior Member) 20 January 2008 7:31
I support Tanya and Jamie [ + quote]
borhan9 (AfterDawn Addict) 16 February 2008 17:58
I love waking up and reading good news like this. Well done Tanya and more power to you. [ + quote]
7thsinger (Senior Member) 16 February 2008 19:46
Agree. It's always good when someone is put in a bad position, pulls their stuff together and puts a giant back down a peg or two. "Sir, i would not harm thee for the world, but thou art standing where i'm about to shoot." [ + quote]