Countersuit against the RIAA

[Katya4me]

http://blog.wired.com/music/2008/03/andersen-might.html

Lawsuit Could Force RIAA to Reveal Secrets
By Eliot Van Buskirk EmailMarch 06, 2008

Things will get very ugly over the next few months for the RIAA, if one disgruntled file sharing lawsuit victim gets her way.

Tanya Andersen, the single mother who filed a countersuit against the RIAA after the organization mistakenly sued her for sharing music online, is attempting to hold it responsible for all sorts of heavy infractions ("RICO violations, fraud, invasion of privacy, abuse of process, electronic trespass, violation of the Computer Fraud and Abuse Act, negligent misrepresentation, the tort of 'outrage,' and deceptive business practices").

According to Mike Ratoza, a copyright lawyer with Bullivant, Houser and Bailey who teaches at the University of Oregon, Andersen is close to forcing the RIAA into the discovery phase of her countersuit. During that discovery phase, the RIAA could be forced to release potentially incriminating details about its techniques for investigating alleged file sharers.

This information will likely be held under a confidential seal, but if lawsuits over mold, tobacco, and asbestos are any indication, the RIAA's secrets will likely leak out into the legal community at large, potentially culminating in a class action suit.

Once Tanya Andersen files her amended Complaint, which the RIAA is barred from contesting this time around, the organization could have to explain the following details by producing documents and allowing major-label anti-piracy executives to be deposed:

- How much the RIAA's lawyers make
- Why the average file sharing settlement fee is $4-5K
- How it decides which file sharers to sue, and which ones not to sue
- Where the settlement money goes (i.e. whether any of it makes it to the artists)

If it turns out that the RIAA is paying its investigators (such as MediaSentry) a percentage of the settlements that result from their investigations, it is in even more trouble. That's illegal in many states, according to Ratoza, including New York.

Things could get even worse for the RIAA. Andersen isn't likely to be granted class action certification for her suit, because federal courts (where copyright-related proceedings take place) are not friendly to class-action suits. But another RIAA lawsuit victim could use the information divulged in Andersen's case to countersue the RIAA for specific allegations (fraud and RICO violations) in a state court, where class action certification is more likely.

Even without a class action lawsuit, the RIAA nutshell is likely to split wide open after Andersen's case hits the discovery phase, causing problems in subsequent cases. Ratoza expects the discovery phase in Andersen's case to start in about 90 days, and said it will last 4-6 months. The judge isn't likely to rule until early next year, but the RIAA's secrets could leak out a lot sooner.

[Mr Kleen]

[Sabre]

Excellent news! I can't wait to see what comes from this!

[complacent]

[chicken n waffles]

f*** 'em. let 'em burn.