p2pnet news | RIAA News:- Warner Music, EMI, Vivendi Universal and Sony BMG’s RIAA, unlicensed private detectives, their snide PR campaign and all the other dirty tricks in the Big 4 armoury designed to bring sue ‘em all victims to heel didn’t work with Oregon’s Tanya Andersen.

She’s a single mum with a 10-year-old daughter depending on her and she was, and still is, living off a medical disability pension.

The labels had levelled their standard ‘You’re a massive online illegal distributor of copyrighted music’ charge at her.

But she and her lawyer, Lory Lybeck, fought it every inch of the way until the RIAA was forced to give it up and she was told she’d be able to claim her legal expenses.

Andersen then promptly turned the tables on the RIAA (Recording Industry Association of America) , launching a class-action against it and the other many and various bad actors in the case.

That’s pending, but the original case is over and yet in more Big 4 BS, the RIAA’s legal gunslingers are behaving as though she was found guilty saying, in a court document disputing the reimbursement order, “It would be an extraordinary coincidence indeed if this defendant had nothing to do with infringement at issue in this matter.”

Is this really about Andersen’s legal costs which, however much they eventually amount to, won’t even represent pocket change to the multi-billion-dollar Big 4?

Or is it a ploy to delay the class-action?

‘Who’s gotenkito?’

In the same paragraph which implies Andersen is guilty even though the court found otherwise, the RIAA mob tries to suggest Tanya’s daughter might have been behind the mysterious gotenkito@kazaa.com, a hard-core rapp lover who was out of bed well before the crack of dawn, illegally distributing music online.

“Who’s gotenkito?” - Andersen wondered when the RIAA first dropped the email addie on her.

“Because it sure isn’t me.”

So she Googled it and within five minutes, found someone calling himself ‘gotenkito’, hailing from near-by Washington state.

Not only that, gotenkito admitted downloading entertainment content.

Now, ” ‘gotenkito’ is associated with a character from the anime series known as Dragonball Z, (upper right)” says the RIAA, going on:

In her deposition, Lindsay Andersen, the half-sister of Defendant’s daughter Kylee Andersen, testified that Kylee is a fan of Dragonball Z and that she “talks about it a lot” and “really likes it.” (See Doc. No. 144, Ex. G at p. 46, l. 10 - p. 47, l. , 12.) It is impossible to ignore the possible link between Defendant’s daughter and the “gotenkito” username on the KaZaA shared folder distributing sound recordings through Defendant’s Internet account. It would be an extraordinary coincidence indeed if this Defendant had nothing to do with the infringement at issue in this matter.

In fact, in the RIAA’s unholy deposition of Kylee, she said she didn’t like Dragonball Z, better known as DBZ.

And at the end of the document, “Plaintiffs chose to dismiss their claims in a reasonable exercise of litigation discretion in light of inconsistencies yielded by a computer inspection, and for no other reason,” they say. “In these unusual circumstances, there is no need to deter Plaintiffs’ conduct. Nor is there any basis for compensating Defendant for conduct that intentionally and unnecessarily prolonged these proceedings.”

It’s continuing to complile …

The RIAA record of honouring its obligations when it loses a case is as pitiful and shabby as everything else about it.

It did everything it could to avoid paying Debbie Foster, another falsely accused victim who also battled the Big 4 juggernaut to a halt.

“The RIAA has again proven that their arrogance is apparently boundless,” Lybeck told p2pnet, going on:

Their recently filed objections are insulting to the court and ignore Judge Ashmankas’ thorough analysis of the case. The determination that the RIAA must be held accountable for the cost of defending Ms. Andersen against a completely meritless lawsuit is absolutely correct and consistent with controlling law. The RIAA has never been shy about threatening to sue innocent people for attorneys fees.

The decision to continue to personally attack Ms. Andersen is reprehensible but sadly consistent with the RIAA’s overall misguided strategy.

Obviously, the longer the RIAA delays the greater will be the amount goes.

“It’s continuing to complile as we respond to these silly objections and will probably eventually exceed the the amount the RIAA obtained in the Jammie Thomas case,” Ben Justus, who’s also representing Andersen, told us, going on:

Nearly two years after the false suit against Ms Andersen was filed, we learned about a secret agreement between the RIAA and MediaSentry that established the flawed and illegal private investigation scheme at the heart of the RIAA’s nationwide intimidation campaign that has harmed her and thousands of other innocent citizens.

She brought the question of how to most efficiently handle her related claims against these parties to Judge Ashmanskas, who determined that

the court and the parties would be better served by combining all claims against the record companies and the new parties for adjudication in thenew nationwide class action.

The RIAA’s continued refusal to accept Judge Ashmanskas’ decision on a relatively simply procedural matter is indicative of its effort to make each process as expensive and onerous as possible.

It’s truly unfortunate that, with a bottomless war chest, the RIAA can’t pick its battles more sensibly.

Stay tuned.

Slashdot it!

Also See:
various bad actors - Tanya Andersen sues the RIAA, June 25, 2007
hard-core rapp lover - Tanya, ‘gotenkito’ and the RIAA, April 26, 2007
unholy deposition - RIAA vs Kylee hits the mainstream, March 28, 2007
falsely accused victim - RIAA must pay Debbie Foster interest, September 7, 2007

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This entry was posted on Friday, October 19th, 2007 at 1:18 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.

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