Andersen Vs. RIAA Counterclaims Challenged

NewYorkCountryLawyer writes "The RIAA is now challenging the counterclaims (PDF) in Atlantic v. Andersen, for Electronic Trespass, violation of the Computer Fraud and Abuse Act, Invasion of Privacy, Fraud, Negligent Misrepresentation, the tort of Outrage, Deceptive Business Practices under Oregon Trade Practices Act, and Oregon RICO, first discussed here in October 2005. The RIAA has moved to dismiss the counterclaims (PDF) brought by a disabled single mother in Oregon who lives on Social Security Disability and has never engaged in file sharing, this after unsuccessfully trying to force the face-to-face deposition of Ms. Andersen's 10-year-old daughter. Ms. Andersen's lawyer has filed opposition papers (PDF)."

Comments

Re:Why?

[multisync]

Last week I swear there was a "story" about a routine DISCOVERY order. . .

So you consider requiring a high school student to give a deposition with less than 24 hours notice - and on a school day, no less - a "routine DISCOVERY order?"

Slashdot may be giving a lot of attention to these stories, but the corporate media is virtually ignoring them, or presenting them from the point of view of the recording industry. If you think the RIAA challenging the counter-claim is not news, fine. That doesn't mean the rest of us are not interested.

Why is it people feel they need to complain when a story they don't think is "worthy" appears on Slashdot? Are you paying by the bit or what? I scroll past plenty of articles I am not interested in. Sometimes, I even visit other sites.

Re:Why?

[NewYorkCountryLawyer]

Dear Mr. Coward, this is extremely important because the outcome of this motion could determine whether the RIAA can afford to keep on harassing people or not. If these counterclaims hold up... or even some of them... the RIAA is dead meat, because almost everything that happened to Ms. Andersen happened to most of the other RIAA lawsuit victims, and all of the present and future defendants will begin asserting similar counterclaims.

A second reason that it is important is that Ms. Andersen was the first person to seriously interpose aggressive counterclaims against the RIAA based on the RIAA's own misconduct.

If Tanya Andersen wins this round, the RIAA will be on the defensive all across the country.