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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)."
The "Tort of Outrage" would be a great name for a band.
I am not a crackpot.
If you don't have more indy bands, go get their stuff!! Pay artists directly!
Why support RIAA by buying their music, when they are using YOUR MONEY in a way that is morally wrong?
The dangers of knowledge trigger emotional distress in human beings.
These things are front page news because they have the potential to define the future for media and, more importantly, technology related to the internet. These RIAA actions can and probably will have a very big impact on exactly how data can be accessed across networks, draw lines in fair use, define or rewrite copyright as it pertains to electronic media, and maybe even have internet laws written/rewritten as a byproduct. DRM, anyone? I find many of the big stories have little nuances that may very well effect different segments of the above mentioned.
News for nerds. Stuff that matters.
Besides: If you're not interested, it's as simple as not clicking on the article.
I just read some sad news at the Register. Anonymous Coward, long-time Slashdot poster, has passed away at the tender age of 15 from RSI. He was undoubtedly the most prolific poster on Slashdot by a wide margin, a record which will no doubt live on into eternity. Even if you didn't appreciate his endless posts, flames, frist prosts and wide range of viewpoints, there's no denying his contributions to the Slashdot comment sections. Truly an internet icon.
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.
I don't care why you're posting AC
Barratry is a criminal offense in California.
From the California Penal Code:
158. Common barratry is the practice of exciting groundless judicial proceedings, and is punishable by imprisonment in the county jail not exceeding six months and by fine not exceeding one thousand dollars ($1,000).
159. No person can be convicted of common barratry except upon proof that he has excited suits or proceedings at law in at least three instances, and with a corrupt or malicious intent to vex and annoy.
Barratry prosecutions are almost unheard of, but there was one in 1988 in California and it was affirmed by an appeals court. The RIAA's activities seem to qualify. "Exciting groundless judicial proceedings" - check. "At least three instances" - check. "Corrupt or malicious intent to vex and annoy" - requires proving intent, and in this last case, that can probably be shown.
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.
Ray Beckerman +5 Insightful