Rich Fiscus
17 Jan 2008 21:25
Despite RIAA lawyers' brilliant legal argument that they shouldn't be required to pay the victim of a lawsuit they brought without evidence because they were still pretty sure she was pirating music has come to its logical consclusion. Today an appeals court upheld both the decision to force the RIAA to pay Tanya Andersen's legal bills and another dismissing her counterclaims against the organization without prejudice.
Although not as sensational, the status of her claims of RIAA harassment could have a longer lasting impact on the future of such litigation. After the RIAA's suit against her was dropped with prejudice, meaning they may not sue her over the same incident, Andersen decided to continue her claims against the RIAA in a separate suit that she hopes will qualify for class action status. By affirming the decision to drop her original counterclaims without prejudice, they may be included in future lawsuits, such as the one she has pending against the RIAA right now.
Her suit charges the RIAA with malicious prosecution and includes, among other allegations, that they tried to gather evidence against her by attempting to contact her eight year old daughter without her permission. She's also accusing the RIAA of violating Racketeer Influenced and Corrupt Organisation (RICO) laws, although this tactic seems unlikely to succeed as no violence or threats of violence are claimed.