Record labels, internet
The Recording Industry Association of America (RIAA) has had a number of setbacks in its move to unearth campus based file swapping which the labels believe is rife. Courts in a number of staes have thrown out motions for discovery, Universities and institutes are critical of being asked to ‘police’ the internet and now students of different campuses are banding together to build robust defences to the RIAA’s case.
See also a variety of ‘RIAA’ stories and articles on the blog Recording Industry vs The Peoplehttp://recordingindustryvspeople.blogspot.com/. The blog is written by two New York lawyers, Ty Rogers and Ray Beckerman, who represent people who have been sued by the Recording Industry Association of America (RIAA) for having computers whose internet accounts were believed to have been used to access peer-to-peer file sharing: “In these cases, a cartel of multinational corporations collude to abuse our judicial system, distort copyright law, and frighten ordinary working people and their children. We established this site to collect and share information about this campaign” say the blog.
In particular take a look at the (now class) action by Tanya Anderson against the RIAA. The original case was filed against Anderson, a disabled single mother – for illegal downloading. she has always maintained her innocence. The case was “dismissed with prejudice” – it cannot be filed by the RIAA again. The court found that neither she nor her 10 year old daughter downloaded gangsta rap tracks, as alleged by RIAA’s unlicensed private investigators who once posed as the 10 year olds grandmother on the telephone to attempt to extract incriminating information. Last week Anderson countersued in US Federal Court for malicious prosecution, seeking to have the suit elevated to class action status.
The suit charges RIAA, its private investigator and several music companies with “negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy. Phew!