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:Because.

[Borland]

I'll admit I have a very sick, slimy feeling defending the RIAA in this regard. Perhaps I should commit honorable Seppuku after this post.

Where they are(were?) located what they were doing WAS NOT ILLEGAL.

First of all, it was illegal where they were located. If I recall correctly, it was the methods used to seize the servers that led to problems. They seized, and did not give back, servers that were unrelated to the site. Perhaps a Swede lawyer can correct me on the finer points of the law there.

Second, an "Information is free" battle cry does not make distributing protected digital content gratis legal in any country. It isn't. The only difference is that many countries have protections against the draconian tactics that the RIAA employs.

The site was not offering anything illegal, nor were they providing anything illegal.

Hypothetically, I have toured and employed the site many times. It is well designed and easy to use. There are some nice indy projects on there; but the majority of the content my indigent friend, is illegal. It is the THE PIRATE BAY, and not in an ironic or misleading sort of way.

They had ALL THE MORAL GROUND there is

A starving man stealing bread has moral ground; a digital pirate does not. No one is a hero for downloading the latest movie without paying. But no one is a major threat to society for doing so either.