Gigs & Bytes: Suing The RIAA
But an Oregon woman once accused of music piracy by the trade organization representing the recording industry’s major labels is now fighting back.
Back in late summer 2005, Tanya Andersen was sued by the RIAA for P2P piracy. However, after U.S. Magistrate Donald Ashmanskas dismissed the lawsuit, Andersen started fighting back.
Andersen originally sued the RIAA earlier this year, claiming the RIAA representatives had threatened to interrogate her teenage daughter if she didn’t settle the organization’s charges out of court. U.S. District Judge Ana Brown dismissed most of her claims but gave Andersen until last week to refile.
And refile she did.
Andersen’s amended complaint seeks class-action status and charges the RIAA and its investigators, specifically MediaSentry, of spying “by unlicensed, unregistered and uncertified private investigators” who “have illegally entered the hard drives of tens of thousands of private American citizens,” breaking laws “in virtually every state in the country.”
MediaSentry’s relationship with the RIAA has been under scrutiny as of late. The company specializes in aiding content owners in protecting copyrights, but its methods have some questioning whether the company should be defined as a private investigation outfit, which would mean it would have to be licensed under individual states’ P.I. rules & regs.
The lawsuit goes on to accuse the RIAA of filing “sham” lawsuits as an intimidation method meant to publicize its anti-piracy campaign.
News of the impending amended lawsuit had been rumbling in the blogosphere for the last few weeks, with those critical of the RIAA claiming it would force the organization to reveal investigative techniques that, so far, the organization has refused to disclose.
“We’re very pleased that we’ll finally be able to force the RIAA and MediaSentry to give up secret records they have steadfastly refused to disclose in tens of thousands of cases that they’ve filed,” said Andersen’s attorney, Lory Lybeck.
Andersen isn’t the only one in Oregon questioning RIAA legal methods. Earlier this year Oregon Attorney General Hardy Myers filed a complaint in federal court to protect the privacy of University of Oregon students the organization had accused of P2P piracy.
Meanwhile, the RIAA dismissed Andersen’s latest filing against it, saying Andersen is merely rehashing old claims.
“It is unfortunate that this case continues to drag on after the court previously deemed all of Ms. Andersen’s claims inadequate,” RIAA spokesman Jonathan Lamy said. “We hope to resolve the case in short order.”
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