AfterDawn: News

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.

Written by: Rich Fiscus @ 17 Jan 2008 21:25

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• 22 comments

• mediabob

  i hope she wins...

  17.1.2008 21:32 #1

• NatmanH

  yea lol..

  17.1.2008 22:00 #2

• Blackjax

  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?

  18.1.2008 00:49 #3

• WierdName

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

  18.1.2008 01:28 #4

• 7thsinger

  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 permissionThat is disturbing.

  18.1.2008 08:44 #5

• hughjars

  Howls of derisive laughter.

  18.1.2008 08:45 #6

• mfgnet

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

  18.1.2008 11:39 #7

• BludRayne

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

  18.1.2008 11:56 #8

• varnull

  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.

  18.1.2008 12:35 #9

• 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.

  18.1.2008 13:12 #10

• vurbal

  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) ;)

  18.1.2008 13:14 #11

• kragshot

  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....

  18.1.2008 13:59 #12

• eyeh8god

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

  18.1.2008 15:21 #13

• ChiefBrdy

  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!

  18.1.2008 21:24 #14

• avoidz

  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.

  19.1.2008 06:50 #15

• Amir89

  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
  
  

  19.1.2008 08:20 #16

• RNR1995

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

  19.1.2008 08:29 #17

• cousinkix

  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...

  19.1.2008 09:36 #18

• RNR1995

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

  19.1.2008 10:52 #19

• FredBun

  I support Tanya and Jamie

  20.1.2008 07:31 #20

• borhan9

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

  16.2.2008 17:58 #21

• 7thsinger

  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."

  16.2.2008 19:46 #22