RIAA Drops Tanya Andersen Case

NewYorkCountryLawyer writes "After 2 years, the RIAA has finally dropped its longstanding case against disabled single mother Tanya Andersen in Oregon, Atlantic v. Andersen. The dismissal (pdf) relates merely to the RIAA's claims against Ms. Andersen, and does not relate to her (a) claim for attorneys fees or (b) counterclaims against the RIAA, which are presently before the Court on a motion to dismiss. The counterclaims were first interposed in December 2005. This is the same case in which the RIAA insisted on taking a face to face deposition of a 10 year old girl. Prior to the case, neither the mother nor the child had ever even heard of file sharing."

Comments

two years

[uolamer]

two years to drop a case that should have never been filed to start with. The civil court system in the US really needs an update.. maybe vista?

Re:two years

[GreyPoopon]

The civil court system in the US really needs an update..

I don't think so... at least not yet. I think the judge needs to deny the motion to dismiss the countersuit and, depending on the evidence, not only award the fees requested in the countersuit, but also an extremely stiff penalty. Basically, you don't want to make your court system less open, but you want to scare the living daylights out of any organization that would abuse the court system by harassing innocent people. If it's clear that the defendant was innocent and that the RIAA did not take proper measures to make sure they had the right person, then they ought to pay attorney fees, emotional stress, fees for any efforts related to the case that the family had to take, ongoing fees for counseling for the 10 year old, any medical bills that might have been related to the stress they put the family through, fees to cover any libel that the family may have suffered for their treatment, and then a huge penalty on top of that for abusing the court system. After that, the FBI should investigate the RIAA for participating in organized crime. ;)

Yeah, it's just a pipe dream; I know. But seriously, before we call for changes to the court system, let's see how it plays out.

We need some personal accountability

[spazmonkey]

We always talk about the RIAA as an entity, but there is probably only a relatively few individuals that are heading up all of this nonsense. Who are they PERSONALLY. They need to be outed, so that maybe when they are revealed as to who they really are, their personal lives will become as unbearable as they try to make their victims. No more hiding behind a corporate front. I want to know who these people are and everything about them made public so that decent citizens can avoid these pariahs.

Typo in Article, Title, and Summary

[canajin56]

The article and summary repeatedly use the term "RIAA", which is a typo. It should really read "Atlantic Records, a wholly owned Subsidiary of Time-Warner-AOL drops Yanya Andersen Case", and so on. The RIAA is like a guild. The big labels belong to it, they pay their dues and the RIAA acts like a mouth piece. But it doesn't own the music, Sony and Warner and maybe a few other companies own the music. The RIAA isn't suing, and can't sue. They may have provided the "experts" that will testify that they tracked down these evil pirates, but that is the full extent of their involvement. But I suppose people like to blame it all on the RIAA since if they blame the RIAA and not Atlantic Records and Warner Music, they don't have to stop buying stuff like Led Zepplin and Snoop Dogg and The Stones (Well the early stuff from them) as well as any stuff from matchbox twenty, Sugar Ray, Ray Charles, and hundreds of others.

Re:Typo in Article, Title, and Summary

[NewYorkCountryLawyer]

You, and others who have offered similar comments, are right that the record companies are to blame, and that it is important to name them so people will know whose music not to buy. The only reason I don't name each of the 5 or 6 plaintiffs in each case, in addition to the RIAA, is just laziness. I just don't have the time.

But it is not inaccurate to say the RIAA is bringing these cases; the RIAA is actually commencing and administering the lawsuits day-to-day. The record companies have nothing to do with it except on those rare occasions -- such as pretending for the Attorney General's sake that they do not know each other's prices in UMG v. Lindor -- where they have a strategic reason to pretend to be working independently of each other.

So when I say "RIAA" please accept it as shorthand for the litigation cartel of the "Big 4" record companies and their affiliated labels. And if you have the time to dig down into the court papers and supply the names of the culprits in any particular cases, please accept my sincere thanks for doing so.