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RIAA throws in towel in Tanya Andersen case

Written by James Delahunty (Google+) @ 04 Jun 2007 19:56 User comments (17)

RIAA throws in towel in Tanya Andersen case In a decision which is devastating to the Recording Industry Association of America's (RIAA) campaign against file sharing, both parties in Atlantic v. Andersen case have agreed to dismiss the case with prejudice. This means that Tanya Andersen, a disabled single-mother of a nine year old daughter, is the prevailing party and the door is now open to recovering attorneys fees.
The Oregon woman was accused of sharing gangsta rap music using the KaZaa P2P client. She completely denied involvement in distributing tracks like "Hoes in My Room" using the P2P network and filed a countersuit accusing the record industry of racketeering, fraud, and deceptive business practices in October 2005. The RIAA alleged that she shared the songs with the handle "gotenkito."

Last month, Andersen filed a motion for summary judgment, saying that the plaintiffs have "failed to provide competent evidence sufficient to satisfy summary judgment standards" to show that she was guilty of copyright infringement. A forensic expert hired by the RIAA also completely failed to find any evidence whatsoever on her hard drive to support the RIAA's allegations.

The RIAA had no choice but to dismiss the case "with prejudice". This effectively exonerates Andersen of the crime. In the past, the RIAA has moved to dismiss cases "without prejudice" which ends the lawsuit without a winner. The RIAA could now be forced to cough up an attorneys' fee award.

Andersen's counterclaim is still "standing on its own," according to Tanya, which means she still has the opportunity to argue her counterclaims before the court while the RIAA cannot pursue its copyright infringement claims any further.

Source:
Ars Technica

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17 user comments

14.6.2007 23:06

Good.

24.6.2007 23:09

glad to see the RIAA losing more money and happy to see she wasnt guilty....

35.6.2007 0:03

I am happy that this did not go well for the RIAA. Well done to the young single mum.

45.6.2007 0:06
duckNrun
Inactive

This case may be the one that starts to make the RIAA look like the little dutch boy placing his fingers in the dike as it begins to spring leaks.

This message has been edited since its posting. Latest edit was made on 05 Jun 2007 @ 7:41

55.6.2007 4:03

Celebrate, Celebrate, Dance to the music!

65.6.2007 4:19

I am glad this lady won and has stood her ground. Always a good thing when a regular person gets to slap them mofo's in the head.

75.6.2007 5:52

WHOOT WHOOT.....

85.6.2007 10:39

To RIAA: What did the five fingers say to the face??

95.6.2007 10:40

If Anderson (and Cid) can win and collect some money from the RIAA... enought money to make their lawyers happy, lawyers will be lining-up to sue the RIAA!

105.6.2007 14:51

awesome!

115.6.2007 15:05
AXT
Inactive

wow. you have to be a real asshole to sue a disabled single mother with a nine year old child. now you know the people responsible for selling you your music. next time you think of buying a cd think of what kind of people are getting your money and don't buy their product.

125.6.2007 21:41

wow, that was two friggin years of her life. and you should read some of the comments from the previous article haha. who's laughin now? go tanya anderson!

138.6.2007 9:43
RNR1995
Inactive

What kind of scumbag sues a disabled single mother anyway?
DIE RIAA DIE!
I cannot tell you the last time I bought music
NOT because I download it, I do not
But because it sucks
I listen to talk radio anymore because how many times can you listen to the same crap

148.6.2007 12:21

This is a great precedent that has been set. Just need people willing to follow up.

1511.6.2007 7:34

Interesting, the Recording Industry A$$holes of America versus lawyers?
Who will win?
Thoughts?

This message has been edited since its posting. Latest edit was made on 13 Jun 2007 @ 14:22

1613.6.2007 14:02

OH SNAP!!!

1723.7.2007 21:35

Yeah! About time.

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