AfterDawn: Tech news

RIAA beaten in court by Tanya Andersen yet again

Written by Rich Fiscus (Google+) @ 17 Jan 2008 21:25 User comments (22)

RIAA beaten in court by Tanya Andersen yet again 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.

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22 user comments

117.1.2008 21:32

i hope she wins...

217.1.2008 22:00
NatmanH
Inactive

yea lol..

318.1.2008 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?

418.1.2008 1:28
WierdName
Inactive

The RIAA just needs to get shot down from their high throne.

518.1.2008 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.

618.1.2008 8:45
hughjars
Inactive

Howls of derisive laughter.

718.1.2008 11:39

Just stop buying music and going to the movies, and the RIAA will go away.

818.1.2008 11:56

EFF you RIAA! We should be supporting Tanya and not Jamie. We all know Jamie shared music.

918.1.2008 12:35
varnull
Inactive

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.
This message has been edited since its posting. Latest edit was made on 18 Jan 2008 @ 12:37

1018.1.2008 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.

1118.1.2008 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) ;)
This message has been edited since its posting. Latest edit was made on 18 Jan 2008 @ 13:15

1218.1.2008 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....

1318.1.2008 15:21
eyeh8god
Inactive

Go Tanya! You get out there and kick some ASS!!!

1418.1.2008 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!

1519.1.2008 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.

1619.1.2008 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...



1719.1.2008 8:29
RNR1995
Inactive

If the artists were a little smarter, they would F the whole industry by selling direct off their web site. Maybe someday..........

1819.1.2008 9:36
cousinkix
Inactive

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...

1919.1.2008 10:52
RNR1995
Inactive

A few are, but if they all did the Media Mafia would collapse

2020.1.2008 7:31

I support Tanya and Jamie

2116.2.2008 17:58

I love waking up and reading good news like this. Well done Tanya and more power to you.

2216.2.2008 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.



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