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5 May 2008 14:05 by Dave "Davedough" Horvath
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Former RIAA defendant Tanya Andersen has filed an amended complaint in her malicious protection lawsuit against the record labels and RIAA themselves. This marks the fourth complaint submitted by Andersen's lawyer, Lory Lybeck. All prior submissions have been rejected by the judge. If Lybeck can get the judge to accept this one, it will begin what Andersen hopes to be a long-range investigation into the tactics the RIAA uses to thwart their P2P nemesis.
The first of three dismissed complaints accused the RIAA of racketeering, fraud, invasion of privacy, deceptive business practices, and a number of other wrong doings. The judge presiding over the case, Judge Anna J. Brown, dismissed it sighting they had not properly stated claims for relief, but allowed for the complaint to be resubmitted.
The second of the three dismissed complaints weighed in at 108 pages and outlined scandalous practices and criminal enterprise practices, but the judge threw it out because both the court and the RIAA believed they ignored the judge's instructions to submit a short and concise complaint.
The third dismissed complaint was intended to be a class-action lawsuit filed on behalf of other who have been mistakenly identified by the RIAA as criminals. The RIAA stands accused of conspiracy and abuse of the legal process, negligence, acting criminally in investigating and pursuing claims against class members, wire fraud, mail fraud, and wrongfully filing lawsuits.
The latest complaint is a paltry 39 pages and is believed to be Lybeck's final attempt at a complaint with this judge. Lybeck has accused the RIAA of "operating a zone of secrecy" throughout its legal campaign, and hopes that last week's filing will mark the beginning of the end for the labels and their legal campaign.
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| Discuss this article! |
| rosedog (Member) 5 May 2008 14:10 |
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"You go girl" is in order!
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| iluvendo (AfterDawn Addict) 5 May 2008 14:28 |
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Now the hunter has become the hunted.
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| Jlhfit (Senior Member) 5 May 2008 14:52 |
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I hope she does cause a hudge blow in the RIAA, because once that is done it will open a door for everyone else.
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| nobrainer (Inactive) 5 May 2008 15:38 |
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The first problem is that ppl need to realise that the RIAA are; Sony, Universal, Warner & EMI, then maybe ppl will know what companies to boycott for continually being anti-consumer and using very dubious means and probably nine times out of ten illegal, as they conduct their business.
The BPI Are: SONY, UNIVERSAL, WARNER GROUP, EMI.
The RIAA Soundexchange Are: SONY, UNIVERSAL, WARNER GROUP, EMI.
The IFPI Are: The same anti consumer lot as listed above!
The MPAA Are: SONY, UNIVERSAL, WARNER GROUP, DISNEY, PARAMOUNT, FOX.
This message has been edited since posting. Last time this message was edited on 5 May 2008 15:41
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| 7thsinger (Senior Member) 5 May 2008 15:40 |
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Hopefully this is just the beginning.
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| Kerpalguy (Newbie) 5 May 2008 17:29 |
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Sounds like the judge is biased in this case. A motion for a new judge and venue will undoubtedly be next - and in order.
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| domie (Member) 5 May 2008 18:42 |
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Originally posted by nobrainer: The first problem is that ppl need to realise that the RIAA are; Sony, Universal, Warner & EMI, then maybe ppl will know what companies to boycott for continually being anti-consumer and using very dubious means and probably nine times out of ten illegal, as they conduct their business.
this may well be true - I don't doubt it - but if we boycott them what else is left ?
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| itago (Newbie) 5 May 2008 18:50 |
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Originally posted by nobrainer: The first problem is that ppl need to realise that the RIAA are; Sony, Universal, Warner & EMI, then maybe ppl will know what companies to boycott for continually being anti-consumer and using very dubious means and probably nine times out of ten illegal, as they conduct their business.
Yet most people will never know or care. The sad fact is you might get.. 5 people to boycott them through Afterdawn.
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| susieqbbb (Member) 5 May 2008 19:17 |
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R - Really
I - Is
A - All
A - #$%#$%#$ fill in your own word
I am so tired of the Riaa they have a warrent to search within the state of california only not any where else so where the hell do they think they have the right to search servers half way across the world build fake bittorrents to track people down and arrest them they have no legal right this is a country with freedom of speech not hey lets rape everyone who downloads a song and if the riaa is so worried about it then they need to continue to produce older albums with these record labels then people will stop downloading songs.
but no the riaa is a bunch of morons that couldn't win a case if it ran them over.
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| thor999 (Member) 5 May 2008 23:59 |
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Guys, hate to be the voice of reason here, but this country is RAN by big business, the ONLY way to end this madness is to 1) boycott the companies mentioned earlier, or 2) wait and hope that they will see the light of day and embrace modern technology. Remember that media entertainment is this country's chief export! This person has ZERO chance of winning this.
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| iluvendo (AfterDawn Addict) 6 May 2008 2:31 |
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Big business has it's own worries. As the US deficit grows daily, in the not too soon future, the US will be very bankrupt, and all the people will be left without. A very possible chance for a socialist or even communist government to take over. Big business no more, everything nationalized.Hence no more Riaa. A very scary thought.
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| nobrainer (Inactive) 6 May 2008 3:18 |
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Originally posted by domie : this may well be true - I don't doubt it - but if we boycott them what else is left ?
well many indie artists that cant catch a break because the RIAA continue to push their manufactured rubbish down our throats using tools like "auto tune" on the latest big breasted/six packed teenager that they can get to sign contracts that basically state all the money goes to the RIAA.
Originally posted by itago : Yet most people will never know or care. The sad fact is you might get.. 5 people to boycott them through Afterdawn.
what happened about drm on cd's and now digital downloads once the interweb public opinion became widespread? all this is thanks to Sony's continual anti-consumer tactics rootkits XCP but now sony are licensing media, which will be the next public outcry as they state you don't own it any more and you are not allowed to sell, lend or even give their media away.
The BPI Are: SONY, UNIVERSAL, WARNER GROUP, EMI.
The RIAA Soundexchange Are: SONY, UNIVERSAL, WARNER GROUP, EMI.
The IFPI Are: The same anti consumer lot as listed above!
The MPAA Are: SONY, UNIVERSAL, WARNER GROUP, DISNEY, PARAMOUNT, FOX.
This message has been edited since posting. Last time this message was edited on 6 May 2008 3:22
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| cousinkix (Newbie) 6 May 2008 7:46 |
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Quote: I am so tired of the Riaa they have a warrent to search within the state of california only not any where else so where the hell do they think they have the right to search servers half way across the world
WRONG! Three of those 4 big record companies are owned by other interests. Their corporate offices are to be found in those three nations that were called the AXIS Powers during World War 2. So they have the ability to harass people in Japan Germany, Italy and the rest of the European Union member countries too.
Everybody knows that they don't have such an easy time in places China, Russia, Mexico and South-Amerika - none of which belong to the EU or must obey it's laws. The only US owned RIAA member company is Time-Warner, which also owns things like CNN news, HBO, TIME Magazine and a dying internet service provider we used to call AOL...
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| maryjayne (Junior Member) 6 May 2008 9:11 |
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The court through out the second complaint because it was too long??? No wonder the third complaint was about RIAA's abuse of the legal system.
I am hoping Andersen starts to see some progress with this case; however, it is clear that the RIAA already has this judge's pockets lined.
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| 7thsinger (Senior Member) 6 May 2008 9:24 |
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Quote: it will begin what Andersen hopes to be a long-range investigation into the tactics the RIAA uses to thwart their P2P nemesis.
Their tactics need to be investigated.
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| ZippyDSM (AfterDawn Addict) 6 May 2008 9:54 |
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cousinkix
wow and here I thought I wore my tinfoil hat proudly, a clue for you, big biz is nationless, they are parasites on governments and populations.
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| Hardwyre (Newbie) 8 May 2008 8:53 |
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Ugh. It's not going to be accepted. If the RIAA can afford to have this many simultaneous lawsuits going, they can certainly afford a judge.
I hope it does though.
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| RNR1995 (Inactive) 9 May 2008 13:39 |
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Agreed, obviously this judge has already decided her fate
How much justice can you afford?
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| FredBun (Senior Member) 10 May 2008 2:55 |
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yes miss anderson, a little woop ass is definatly in order.
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