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Thursday, May 18th, 2006Thursday, May 18th, 2006

Tanya Andersen vs. RIAA

by Shawn @ 1:30 pm · filed under Music, Movies, MPAA

I know this is old news for people that have been following the RIAA and MPAA lawsuits, but it's new to me (now that I've been dragged into it, I've been reading all I can find). This entry is more of a bookmark entry for myself.

http://p2pnet.net/story/8273

Some interesting stuff that I may find useful for my suit.

I'm sure they are going to want to go diving into my computers, which is fine with me as long as I have assurances they destroy everything afterwards. I'm certainly not going to let them take clones of every computer I own if I can help it. I have enough source code and trade secrets on my computers that I'm sure millions of people would love to get at it.

A judge ruled Andersen could name her own investigator who'd search only for specific files.

And the RIAA will have to pay his or her bill.

But the most interesting part to me is that she brought forth RICO (Racketeering Influenced and Corrupt Organization) allegations against the RIAA about 6 months ago. Since they haven't been thrown out of of court yet, I'm assuming the counterclaim has enough merit that it will be forced to go to a full trial. I'm thinking I may be able to do the same thing, considering they "offered" a settlement of $2,500 based on no valid information (a random IP address they could have pulled out of thin air). Then when I refused, they flat out threatened me saying that if I didn't pay, they would take me to court, and my costs incurred would be much more than $2,500 even if I beat their charges.

If they really believe they have a case against me, why are they "letting me off" for $2,500? They have much more to gain by going the court route. Oh wait... maybe because they are extorting money from people.

I'm not a lawyer (so someone please correct me if I'm wrong), but if I'm able to file a counterclaim that doesn't get thrown out in court, would this prevent them from dropping their original suit against me (forcing it to go to trial and final judgement)?

6 Responses to “Tanya Andersen vs. RIAA”

  1. Kal Says:
    May 18th, 2006 at 2:29 pm

    IANAL either but have a fair bit of knowledge on this. If you file a counterclaim that survives a dismissal, they can drop their claims against you but you can still force your couterclaim to go to trial. However their claims against you won’t. But if you were to file a counterclaim for a declaration of non-inferngment then you can in effect force the claim to go to trial.

    Kal

  2. Tom Says:
    May 18th, 2006 at 3:46 pm

    Wow dude, I wish you the best of luck. I follow as much as I can dealing with the RIAA/MPAA, and yours is one of the best storys that I have read yet, maybe thats cause you have money, which means that you can afford to stick up to them.

    You may like this guy’s music, his name is mclars and he has some great stuff pertaining to the RIAA/MPAA and file sharing. Maybe you could get some help from him, or something. I dont know ;s

    Also, what if you and all the other riaa victims joined up, could you file something similar to a class-action lawsuite?

  3. Tom Says:
    May 18th, 2006 at 3:47 pm

    Oh, btw, the site is www.mclars.com and his myspace is www.myspace.com/mclars

  4. Pao Says:
    May 19th, 2006 at 5:26 am

    go for the win dude

    someone’s gotta stand up from those asshats

  5. shortkid422 Says:
    May 20th, 2006 at 1:01 am

    Seriously, I hope this goes all the way to court and you win. Why? 1) I hate how the RIAA/MPAA have destroyed the entertainment industry and 2) You would set a great precident for all future cases.

  6. Edison's Recording Industry Says:
    July 21st, 2006 at 7:35 pm

    I thought I would make a conpetitive recording industry, LOl. RIAA owes trillions in upaid license fees no RIAA memberhas paid for a license since August of 1894. I knoq, I own The NOrth American Phonograph Company, the first recording industry, and sorry, the RIAA has no permission to record.

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