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Lawsuit-to-possibly-reveal-riaa-secrets
NosmoKing
Date:
March 10, 2008 @ 4:32 AM
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, attempted to hold it responsible
for all sorts of heavy infractions. RIAA could be
forced to release potentially incriminating
details about its techniques for investigating
alleged file sharers. This information would
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 lawsuit.
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. 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.
Source: Wired
ChillinBuzz
Date:
March 10, 2008 @ 6:03 AM
You should read the MediaDefender emails that got
leaked to the BitTorrent network last year...
Some pretty cool stuff in there... So I was told.
zedsalt
Date:
March 11, 2008 @ 3:27 AM
One thing that struck me as especially slimy,
something that came to light in an earlier
countersuit, was the RIAA's practice of
drafting
its own subpoenas,
a power it claimed the DMCA
implied. Any site that provided the RIAA with its
membership list did so under the mistaken
impression that the RIAA had a legal right to the
list.
So, if you were threatened with legal action for
downloading a song file, and you were
specifically named ("...v Bob Jones" instead of
"John Doe #99", for example), you probably have a
solid basis for a countersuit.
GTOriginal
Date:
March 31, 2008 @ 12:30 AM
A decade from now, this entire saga will appear
on the History Channel, sandwiched between
episodes of "Hitler's Pawn" and "Secrets of Pearl
Harbor".
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