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Lawsuit Could Force RIAA to Reveal Secrets
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| Contributor | Ralphie |
| Last Edited | Ralphie Mar 07, 2008 01:18pm |
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| Category | News |
| News Date | Thursday, March 6, 2008 07:00:00 PM UTC0:0 |
| Description | 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 ("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, after having her original Complaint dismissed on February 19. Andersen's Amended Complaint, due March 14, will not be a layup, and there are no guarantees in litigation. But assuming her lawyer is able to craft the pleading to the judge's specifications, Andersen will have another chance to tilt at the RIAA windmill, with the case proceeding into the discovery phase. If that happens, the 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 suit. |
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