p2pnet - rss feed: RIAA response to Tanya Andersen: Who? Us?
p2pnet news | RIAA News:- Who? us?
That’s the basic RIAA response to Tanya Andersen whose fourth submission in her malicious prosecution class action against Vivendi Universal, EMI, Warner Music and Sony BMG’s RIAA, and various other elements of the Big 4 attack force, has now been accepted.
“Answers filed by defendants in Andersen v. Atlantic class action,” says Recording Industry vs The People, simply, going on:
“In the Oregon class action against the RIAA and its codefendants, Andersen v. Atlantic, the defendants have filed their answers to the complaint.
“Answer of RIAA, Settlement Support Center LLC, and record companies
“Answer of SafeNet a/k/a MediaSentry”
$108,000 in fees and costs
They’re writing about Tanya Andersen in Russia,” p2pnet posted recently, continuing >>>
She’s the indomitable Oregon mother who’s giving Vivendi Universal, EMI, Warner Music, Sony BMG and their RIAA the painful lesson their days of bullying people, safe in the knowledge they can get away with it because the media will carry only their lies and misrepresentations, are over.
The Big 4 labels and the RIAA (Recording Industry Association of America) figured they had Andersen correctly sized up as someone who’d cower under their extortion and non-stop public humiliation.
They were wrong.
In another story, “She fought Vivendi Universal, EMI, Warner Music and Sony BMG’s RIAA to a standstill, forcing it to drop its spurious file sharing case against her, and now an Oregon court has awarded her close to $108,000 in fees and costs,” we said.
“The amount, the highest ever, also signals what is in effect a default victory for other lawyers representing RIAA victims. It means they now know they’ll be able to proceed with counterclaims bolstered by the knowledge they’ll be paid their work.”
After what amounted to a detailed briefing by federal judge Anna Brown, Andersen and her attorneys, Lory Lybeck and Ben Justus, filed three submissions, gradually refining them until the fourth focused on the racketeering and corruption, abuse of the legal process, wrongful civil prosecution, deceptive business practices, negligence, fraud, and civil conspiracy components.
As p2pnet has said more than once, “one of the facets of this and all RIAA cases is delay, delay, delay,” so to keep things moving towards discovery, Andersen and her lawyers dropped class action claims which depended 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,” Lybeck told p2pnet.
82 denials
With the complaints and responses now officially filed, Lybeck and Justus can at long last get on with the discovery process, something the RIAA and the Big 4 cohorts have been desperately trying to avoid.
Under it, they’ll be forced to answer detailed questions including how and why they used discredited MediaSentry to target Andersen and her 12-year-old daughter Kyleee, who was only seven when the attacks first began.
The RIAA and MediaSentry owner SafeNet are, of course, vigorously denying everything.
The first document cited by RIvTP, featuring six lawyers, including soon-to-be judge Richard Gabriel, the Holme Roberts & Owen hired gun who’s been leading the attacks on innocent RIAA victims, comes to 19 pages of dense legal waffle.
The second, for SafeNet, runs to nine pages with 82 denials, finishing off with >>>
The Complaint fails to state a claim upon which relief can be granted.
84. The Complaint is barred by the equitable doctrines of estoppel and unclean hands.
85. The damage alleged to have been sustained by plaintiff was caused in whole or innpart by her own culpable conduct.
86. Venue is not proper in this jurisdiction.
The RIAA have had their chance.
Now it’s Tanya’s turn.
Definitely stay tuned.
Jon Newton - p2pnet
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.Stumble It!
First they ignore you, then they laugh at you, then they fight you, then you win - Mahatma Gandhi
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May 23rd, 2008 at 10:25 pm
I hope she wins, but even if she doesn’t, I hope this case exposes all the secrets the RIAA has been trying to hide so that others can use those secrets against them.
May 24th, 2008 at 4:40 am
“The second, for SafeNet, runs to nine pages with 82 denials, finishing off with”
Under the crooked american legal system, baseless denials (taken from a denials list/menu used by practically all all lawyers) are routinely tolerated. The oposing side’s lawyers can’t complain about because they routinely use the baseless denials too. Judges don’t complain becuase when they were lawyers they use to do the same thing.
In the end, the baseless denials wind up confusing everyone and adding to the legal bills, the purpose of it all.
The only solution is to break up the entire legal system, redesign it and start all over. The profession of lawyer prostitutes should be be banned.
Oh, I forgot, lawyers run the political system too.