RIAA tries to evade $5M class action
p2pnet news view RIAA | P2P:- You could’ve been forgiven for believing it was over for Tanya Andersen, the disabled single mother who, after being brutally bullied by the RIAA and its teams of legal hitmen, was awarded close to $108,000 in fees and costs, the highest amount ever.
But they’re not.
Because the Vivendi Universal, EMI, Warner Music and Sony Music enforcer has money to burn and even in defeat, continues to harass her and her lawyer, Lory Lybeck (right), at every turn as the two try to bring the labels and their adherents to justice in a class action, Andersen v Atlantic Recording.
Now the RIAA, MediaSentry, the record companies, and Settlement Support Center — all four of whom have been forever disgraced not only as unconscionable and vicious, but also as incompetent — are trying to wriggle out, demanding summary judgment to dismiss the complaint, replacing their previous motion for ‘judgment on the pleadings’,’ says Recording Industry vs The People.
$5 million in compensation
Tanya, “turned the tables, going after the recording industry saying the RIAA and its helpers such as MediaSentry, since fired by the RIAA, worked together to frighten their victims into making financial payoffs,” said p2pnet recently, going on »»»
They “secretly met and conspired” to develop a “litigation enterprise” with the ultimate goal of preserving the major record companies’ control over the music business, she said, asking for class action status in which she’s seeking at least $5 million in compensation for herself and other victims.
But, “I’m still fighting with the RIAA,” she told me … “This still isn’t over.
“I did win the lawsuit the RIAA had against me; however, I have the class action case against them. It’s still in discovery at this time.”
And the RIAA is using the same dirty tactics that are now hallmarks of its sue ‘em all campaign.
“So far, they’ve subpoened records from my medical providers, past employers, government records, and many others,” says Tanya, adding:
“It feels like more humiliation and invasion of privacy.
“Most recently, I’ve learned that they are calling me in for yet another deposition. The last deposition was close to six hours long and extremely stressful. So, here we go again.
But, Tanya promises, “I won’t give up. It’s just too important.”
Factually accurate and legally supported
Tanya and Lory continue to maintain actions by the labels against some 40,000 innocent people, including children, without troubling to establish whether each case was factually accurate and legally supported, constitutes sham or unreasonable litigation.
The RIAA, however, is among other things trying to argue no materials facts are in dispute, demanding the court decide the defense on a purely legal basis.
But there are indeed very material factual questions about not only how the RIAA goes about its factually baseless sue ‘em all cases, but also about its methods and motives.
If the Big 4 extortion unit succeeds, Tanya, together with the thousands of putative class members, will be deprived of their constitutional rights to a jury trial.
Definitely stay tuned.
Jon Newton – p2pnet
Recording Industry vs The People – Defendants move for summary judgment dismissing Andersen v. Atlantic Recording class action, May 12, 2009
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May 14th, 2009 at 10:38 am
Go go go Tanya!
Kick their butts!
Not only do you have the truth on your side… you have all our prayers.
(on a sidenote, I think 5m was too small an amount for these gangsters, would be happier if it was something like the viacom V google suit of 1 billion, but its also the principle I guess)
May 14th, 2009 at 12:21 pm
Tania is an hero!
We will follow her patriotic fight with pest killing and depossess all these executives parasites and corrupted lawers of their properties.
They will be nothing and nobody able to protect them no matter their power of corruption.
We will hit them all arround the world in the air in the ground and on the sea no matter where they are until they live in the street or in the forest!
Such is our anger!
May 17th, 2009 at 1:21 pm
Keep up the fight.