p2pnet - rss feed: Tanya Andersen zeroes in on RIAA
p2pnet news | RIAA News:- Vivendi Universal, EMI, Warner Music and Sony BMG’s RIAA fervently wish victim-turned-nemesis Tanya Andersen would disappear into the sunset.
Forever.
But unfortunately for the Big 4 extortion unit, that isn’t going to happen.
The shoe is now on the other foot.
The recent subject of a major Business Week article, Andersen, a disabled Oregon mother whom the RIAA sought to terrify into agreeing to out-of-court blackmail, is determined to make the labels and their so-called trade association literally and figuratively pay for what they’ve done to her.
She and her lawyer, Lory Lybeck, have now filed their fourth amended complaint.
Through the RIAA, the major labels are blindly pursuing their bizarre mission to, “hunt down and sue their own customers into becoming compliant consumers,” said p2pnet last month, going on >>>
Andersen and her attorneys, Lory Lybeck and Ben Justus, have so far kept the labels and their legal attack dogs at bay.
Now they’ve further streamlined their case, focusing on the racketeering and corruption, abuse of the legal process, wrongful civil prosecution, deceptive business practices, negligence, fraud, and civil conspiracy components.
Last month, Andersen re-refiled after what amounted to a detailed briefing by federal judge Anna Brown.
However, one of the facets of this and all RIAA cases is delay, delay, delay.
Lybeck is still waiting for his corporate music industry opposite numbers to supply documents and other information which should have provided long ago.
To keep moving ahead with discovery in view of the court’s instructions, they’ve dropped certain class action claims which depend on still-missing RIAA data.
The court has explained the components which have been dropped can be re-entered once the RIAA material is in hand.
In short, the pressure is still on the RIAA’s legal guns and this time around, the pleading should allow discovery to start immediately with certification as a class action to follow, says Lybeck, also making it clear the RIAA is again looking at being targetted under the RICO Act commonly used for prosecutions against Mafia-like organisations.
RICO claims had been deleted but, “given the Supreme Court’s consideration of Bridge v Phoenix Biond & Indemnity 477 Frd 928, argued to the U.S. Supreme Court, on April 14, where the question whether a RICO claim requires Reliance is directly before the court, plaintiff anticipates the possibility of seeking this Court’s leave to reassert these claims,” says Lybeck in the fourth amendment.
As well, he’s demanding that he be allowed to start discovery immediately.
“Tanya has suffered long enough and must be allowed to fully litigate her claims and the claims of other potential class members without further delay of the RIAA,” Lybeck told p2pnet, going on >>>
We have streamlined the complaint so that discovery can commence immediately and so the largest number of injured and abused class members can be identified and joined after class certification.
Tanya is entitled to the same opportunities to participate in her federal judicial system as 4 huge international corporations have been allowed to do for years.
While Sony/BMG, Universal, EMI and Warner Music have filed and have been allowed to litigate tens of thousands of sham lawsuits, Tanya is seeking a voice for many and access to the courts to litigate just one.
The answer to Tanya’s very direct claims for relief is due May 20. We expect to finally be allowed to aggressively move this case forward.
Says Ars Technica >>>
Laying the background for the allegations in the lawsuit, Andersen cites the famous “driftnet” comment uttered by a former RIAA spokesperson as well as a statement made during a deposition by MediaSentry’s former president that its “investigative scheme” suffered from “serious flaws.” But the central piece of Andersen’s complaint is the RIAA’s conduct in Atlantic v. Andersen.
She says that the RIAA could have with very little effort discovered the true identity of “gotenkito@KaZaA,” the P2P user observed by MediaSentry, but instead chose to pursue its case against her—despite having “actually already identified the real ‘gotenkito’” over 10 months
Lybeck has accused the RIAA of “operating a zone of secrecy” throughout its legal campaign, and hopes the filing, “will mark the beginning of the end for the labels and their legal campaign,” adds the story.
Stay tuned.
.
.Stumble It!
major Business Week article - Business Week on RIAA vs Tanya Andersen, April 25, 2008
p2pnet - ARIAA, Tanya Andersen: 3rd amended complaint, April 18, 2008
targetted under the RICO Act - Victim sues RIAA under RICO Act, October 2, 2005\
Ars Technica - Andersen relentless in quest to nail the RIAA, May 5, 2008
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May 5th, 2008 at 1:19 pm
I don’t understant why a US court would protect a cartel of foreign parasites!
To me it look like treason!
May 5th, 2008 at 2:16 pm
It is NOT a US court.
May 5th, 2008 at 5:08 pm
Why are they being allowed to drag their feet about this discovery order?
May 5th, 2008 at 5:47 pm
” It is NOT a US court. ”
Really ?
Where is this particular court located ?
Oregon, looks like.
That’s in the US.
For a lay person to say a US court is perfectly acceptable,
no matter how you would like to nitpick it.
” Why are they being allowed to drag their feet about this discovery order? ”
That’s a damn good question.
I would like to know why they have been allowed to do a whole lot of what
they have done.
It seems like nearly every thing that comes before Levy goes their way, and strangely
Levy gets EVERYTHING for the RIAA in that jurisdiction, contrary to how the system
normally works in that state.
They get a LOT of breaks.
Money talks, I guess.
( Yes, I am aware that ‘judge’ Levey has nothing to do with Anderson, but he is one of
several that seem bent on giving the RIAA anything they wish, with dressing )
May 5th, 2008 at 9:03 pm
Your not allowed to fight the big 4!
You are only allowed to give them monies so they can not give any of it to the artists they claim to be protecting….
May 5th, 2008 at 11:04 pm
According to the magnitude of the charges a length of time is allowed to prepare. The RIAA however will abuse that to the limit, and make it last a lifetime if possible. Meanwhile they are probably having a good chuckle about it over luncheon cocktails, never believing for a second that anything can be proven against them.
May 5th, 2008 at 11:19 pm
Too bad those seemingly corrupt judges can’t be exposed. Hmmmm or maybe there is a trail to follow. I would like to see the ones who are ruling overwhelmingly in favor of the RIAA under a microscope. They make a mockery of the judicial system. There are honest judges, more I hope than corrupt. How could any judge look at what the RIAA and it’s little cronies do to regular innocent people and not be sickened. I hope Anderson takes this all the way. It’s not about money anymore, it’s about the freedoms we won’t have if this Mafia laced industry keeps buying off our political advocates. It’s so damned obvious.
Before I learned of all this I was a regular music lover, movie lover, ect.. But reading this has made me so angry that I stopped buying any form of media that would line the pockets of these greedy evil bastards. If I really want it and it is something that they produce then I now find it in a form that they wont make a penny, or I just do without. I am willing to bet they have created more pirates than ever with all the coverage. I myself would not have known without it. I really hope she sticks it to them. They deserve it more than anyone!!
May 20th, 2008 at 3:37 pm
And dont forget to add this follow up article from Sweden:
http://ezee.se/articles-blog/2008/05/20/theres-a-new-superhero-in-town-_-and-her-names-tanya-andersen/