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I am a grouchy, bald headed old fart filled with opinions and not the least bit shy about sharing them.

Monday, September 03, 2007

The tables may be turning against the RIAA in their war on the people that buy their music. Back in 2005 the RIAA set their minions on Tanya Andersen, a disabled single mother in Oregon. After telling the minions that she did nothing wrong and even offering her computer up for inspection, the RIAA filed suit and lost.

As Andersen won, it is a forgone conclusion that she gets attorney fees and expenses. But she is not done with the RIAA. Through her attorney, Andersen has begun a lawsuit and is seeking class action status. Among her claims:
"For years, the RIAA and its member companies have been using flawed and illegal private investigation information as part of their coordinated scheme and common enterprise to threaten, intimidate and coerce payment from private citizens across the United States. As such they have clogged and abused the federal courts for many years with factually baseless and fraudulent lawsuits."
Variety: RIAA faces serious piracy lawsuit
Music org's stern policy in jeopardy


Some may wonder why Andersen is so angry, she won, didn't she? Here are the highlights from the RIAA's suit against her:
  • MediaSentry, the investigative firm contracted by the RIAA toidentify illegal downloaders, is not licensed for such investigations.

  • MediaSentry and the RIAA have known "for years" that the investigativemethods are flawed and sometimes result in cases of mistaken identity.

  • An agent from the settlement company told Andersen that he doubted shewas guilty, but the record labels "would not quit their attempts toforce payment from her because to do so would encourage other people todefend themselves."

  • The RIAA repeatedly refused toaccept Andersen's offer that their representatives come inspect hercomputer's hard drive until a court ordered the inspection -- whichshowed the computer had not been used for any infringement.

  • Persisting, the RIAA began to harass Andersen's 10-year-old daughter,demanding a deposition from her and even posing as a relative whencalling her school to get access to her.

  • The RIAA finally dropped its case only after a court ordered it to produce evidence of infringement, which the org never did.

Variety: RIAA faces serious piracy lawsuit
Music org's stern policy in jeopardy


Just to make sure you didn't miss it let me emphasize one of those highlights, representatives of the RIAA impersonated a relative to school officials trying to get Andersen's 10 year old daughter on the phone. Someone needs a serious beating over that one. Why aren't the RIAA minions in contempt of court over that one?

You go Mrs. Andersen. You have my undying admiration and my greatest hope for a complete slam dunk with your law suit.

Too bad a disabled single mother had to do what the state and US attorneys general should have already done.

-30-

If we do not maintain justice, justice will not maintain us.
- Francis Bacon

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