Class Action Suit Against RIAA Can Proceed 133
fourohfour writes "Ars Technica is running a story on Tanya Andersen, who was awarded attorney fees in September of last year after the RIAA dropped their case against her. The RIAA subsequently appealed that award, but a US District Court judge yesterday not only upheld the award, but also upheld the dismissal of her counterclaims without prejudice. They may now be heard as part of a malicious prosecution lawsuit against the RIAA. Andersen is seeking class action status for her lawsuit, so that anyone else who has not engaged in illegal file sharing but has been threatened with legal action by the RIAA may join in. This is the case that alleges that the RIAA attempted to contact Andersen's then eight-year-old daughter under false pretenses without her permission."
oohhh yeeesss... but... (Score:5, Interesting)
Re:oohhh yeeesss... but... (Score:5, Interesting)
This is a great question. Will the member companies use the RIAA like an umbrella company saying that the liability is the RIAA's or will they take responsibility for filing these frivolous suits?
More to the point, these suits are filed as Record Label vs. some poor joe not as RIAA vs. right? This case is Atlantic vs. Anderson, is Atlantic responsible for the damages? It would certainly seem to me that the RIAA cant claim all the liability when Atlantic's name is on the suit. Any Lawyers out there who know whether the RIAA can be used as an umbrella to protect the label from liability in this kind of litigation?
Forget the end result (Score:5, Interesting)
Re:It'll never do any good! (Score:4, Interesting)
IOW, this could be yet another nail in the coffin of the RIAA. The bright side is that it could lead to a wider variety of marketing schemes, competition, and better prices for the consumer. The dark side is that it will likely just turn into a series of buyouts until we wind up dealing with the 'Ma Bell' of the recording labels that owns everything that used to be other major labels. But that's capitalism for ya, surf on.
-Rick
Is it too much to hope for criminal charges? (Score:5, Interesting)
I wonder (Score:4, Interesting)
Re:oohhh yeeesss... but... (Score:4, Interesting)
The way I see it is Atlantic and the RIAA have two choices:
1) Atlantic takes full responsibility for being a part of an organization that brings spurious claims to court and is the only business to be responsible for damages.
2) The RIAA attempts to intercede, or Atlantic tries to shift blame towards the RIAA, and forces all members of the RIAA to be culpable due to collusion.
Just one last note, the RIAA cannot bring the cases against the alleged copy-right violators because they do not have standing to sue as they are not directly harmed financially by the "infringement". If they did have standing to sue in place of their member businesses then that would make the argument for collusion, price fixing, and monopolization essentially set in stone.
Re:/. readers are excluded then (Score:3, Interesting)
Actually in most areas, if not all, you merely have to pay a percentage of the bail amount set by the judge. I believe 10% is the going rate.
I'm from Oregon where they don't have bail bondsmen and you simply pay your percent to the jail itself. So I'm not sure how the rest of the country operates.
I think the only fair solution... (Score:3, Interesting)
Isn't this everyone? (Score:2, Interesting)
I'll take my check in a large please.
Re:Is it too much to hope for criminal charges? (Score:3, Interesting)
I expect the mother to ask her child testify in court and the 8 yr old stating a male voice called her under false pretenses and "solicited" her. She does not even need to understand the meaning; Just say the voice called her about "soliciting" something...
And then leave it to child molester lawyers and public prosecutors....
Before the RIAA lawyers can board a plane to Brazil... they would be enjoying the soothing attentions of bubba in a max-security hold up cell..