Intellectual Property Law

RIAA Says Andersen Class Action 'Is Long on Rhetoric' and ' Scandalous'

By Ryan Singel, Kevin Poulsen, Sarah Lai Stirland, Kim Zetter, and David Kravets

The Recording Industry Association of America is lodging a hyperbolic response to a racketeering lawsuit filled with its own hyperbole, a lawsuit accusing the music industry trade group of engaging in a racketeering enterprise via its litigation tactics.

The RIAA claims a lawsuit filed two weeks ago by an Oregon woman the group wrongly accused of pilfering music via the Kazaa file-sharing network "is long on rhetoric, hyperbole, and scandalous allegations that appear calculated not to state viable causes of action but rather to garner maximum press coverage, which it has done."

Last month, U.S. District Judge Anna J. Brown tossed virtually the entire case, which seeks to represent what the woman's attorneys say are thousands of persons across the United States that have been wrongly sued by the RIAA for illegal file sharing. She allowed the case to be refilled March 14, ruling that the 42-year-old plaintiff, Tanya Andersen, "has not adequately stated claims for relief." The RIAA responded to that March 14 amended complaint Thursday, claiming it "ignores this court's clear orders and instruction" and adds "significant verbiage."

The suit claims that the RIAA and MediaSentry -- the RIAA's private investigative arm that discovers file sharing by looking into peer-to-peer users' public files -- "conspired to develop a massive threat and sham litigation enterprise targeting private citizens across the United States."

The judge said the new, amended complaint must demonstrate the RIAA has been initiating "sham" litigation unsupported by any evidence. The RIAA sues those whose IP addresses were detected sharing copyrighted music.

The RIAA has sued more than 20,000 individuals, most of who have settled out of court for a few thousand dollars.

Andersen's suit seeks class-action status to represent "those who were sued or were threatened with suit by defendants for file-sharing, downloading or other similar activities, who have not actually engaged in actual copyright infringement." The lawsuit alleges "the class is comprised of many thousands of individuals."

Whether the judge will allow the RIAA to argue their latest filing is unclear. Judge Brown had said she did not want to hear a renewed motion to dismiss from the RIAA.

Andersen counter-sued the RIAA after it dropped its case against her when it concluded her hard drive did not contain purloined music. Her attorneys are seeking $300,000 in defense fees, a motion of which is pending in Oregon federal court.

Here is an analysis of the racketeering case.

Photo chazlarson

See Also:

• RIAA Juror: 'We Wanted to Send a Message'
• Oklahoma State Surrenders File Sharers to RIAA
• Judge Orders RIAA to Pay Legal Fees to Falsely Accused Lawsuit ...
• Judge Dismisses RIAA Racketeering Lawsuit
• RIAA Believes MP3s Are A Crime: Why This Matters -- Updated

Full post as published by Threat Level on March 28, 2008 (boomark / email).