Tanya Andersen Decides To Drop Racketeering Charges Against The RIAA

from the this-is-for-the-best dept

Business Week has a fantastic and detailed article going through the history of Tanya Andersen's legal battles with the RIAA. As has been pointed out from early on, the RIAA went after her with very little evidence, bullied her to settle and pay up, and then tried to force her to agree not to countersue before it would drop charges. Andersen and her lawyer, however, refused to give up -- and not only won against the RIAA, but had the RIAA pay up on Andersen's lawyers' fees. After all that, she and her lawyer have filed a series of lawsuits against the RIAA alleging illegal investigative practices and racketeering.

While it's great to see her fighting back, we'd always said that the racketeering claim was a huge stretch, based on the specifics of the law. It doesn't do anyone any good to file a racketeering charge if it can't be proven. So, it's good to see that Andersen appears ready to drop that claim. At the very end of the article, it notes that a judge has pushed back on Andersen's filing, and she plans to drop the racketeering and fraud charges. Instead, a new filing will focus on "conspiracy, negligence, and abuse of the legal process." Again, "conspiracy" seems like a long shot -- but negligence and abuse of the legal process seem a lot more interesting. Either way, there will be plenty to follow in this case.

Filed Under: copyright, piracy, racketeering, riaa, tanya andersen
Companies: riaa


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  1. identicon
    hellslam, 28 Apr 2008 @ 8:50am

    @MAX

    The RIAA demanded she "settle" for $4000-5000. In fighting the lawsuit, she accrued an estimated $300,000 in legal fees.

    Despite the ultimate conclusion that she was did not infringe on any copyrights, it would have been cheaper for her to just pay their demands. Many people who they have sued have not been awarded their legal fees by the courts. She was (luckily) awarded her legal fees from the RIAA, but I believe they are fighting tooth and nail to avoid paying, or at least delay the process as much as possible.

    My favorite quote concerning the RIAA legal strategy from http://recordingindustryvspeople.blogspot.com/:

    "The concern of this Court is that in these lawsuits, potentially meritorious legal and factual defenses are not being litigated, and instead, the federal judiciary is being used as a hammer by a small group of plaintiffs to pound settlements out of unrepresented defendants."
    -Hon. S. James Otero
    District Judge
    Central District of California
    March 2, 2007
    Elektra v. O'Brien
    2007 ILRWeb (P&F) 1555

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