Tonya Andersen Trying To Turn Her Lawsuit Against The RIAA Into A Class Action

from the might-not-be-the-best-idea dept

Tanya Andersen has been fighting back against a bogus RIAA lawsuit for a while, and got some attention earlier this summer when she accused the RIAA of breaking the law with its investigation technique. It's also one of a few cases that have questioned whether or not the RIAA's settlement offer process can be considered illegal racketeering. However, she's now looking to turn her lawsuit into a class action case, covering all of those who have been sued by the RIAA. It may be quite difficult to convince a judge that this really deserves class action status, but if it gets that far, it'll certainly be fun to watch. It's been pretty clear for quite some time that the RIAA is abusing the process by making it cheaper to settle than even to defend your innocence (which sounds mighty similar to the classic shakedown). However, whether or not you can build a class out of those offered settlement deals (or sued) isn't entirely clear. But, if it can actually get somewhere, then it might finally make the RIAA recognize that it's practices are questionable. So far, every time someone has accused them of anything like this, they just try to get out of the case and move on to suing others who are less likely to fight back.

Filed Under: class action, racketeering, riaa, rico
Companies: riaa


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  1. identicon
    Mike C., 17 Aug 2007 @ 5:46pm

    Re: Most Class Action

    That's one way to look at it. Another is to remember that if she wins, the RIAA will have to come up with a completely new business model for what they're doing now. If she wins, the overall process of identifying and threatening with a lawsuit to get them to pay up will most likely be prohibited via court order.

    If she wins and pushes it far enough, she can even force them to properly identify infringers and not even offer them a settlement until the lawsuit has been filed. This will add to their overhead since they will have to file a civil suit in order to even talk to a potential defendant.

    A class action win here could be devastating to their methods. However, she has a lot of hurdles to overcome. This will be an interesting case to watch.

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