RIAA faces possible class action over suing the innocent

[nekrosoft13]

The scene at RIAA headquarters this week must have been fascinating. The group yesterday announced that it has finished sending out a new batch of 503 "pre-litigation letters" to 58 different universities around the US, generously offering to let students settle copyright infringement claims "at a discounted rate" before those claims go to trial. The letters blanketed the country, going everywhere from the University of Hawaii to Swarthmore, from Boston College to Tulane, from Emory to Chico State. And then the RIAA learned that its aggressive litigation tactics have placed it on the receiving end of a class action lawsuit.

Related StoriesHow the RIAA views its customers: completely untrustworthy
FAIR USE Act analysis: DMCA reform left on the cutting room floor
Son of file-sharing defendant fights back against RIAA
Federal judge: Making files available for download = distribution
Single mom Tanya Andersen, a defendant in a previous lawsuit brought by the RIAA, was one of the first to have her case dismissed with prejudice (it cannot be refiled at a later date). Throughout the court battle, she maintained her total innocence, a claim given even more plausibility by the fact that she was charged with downloading numerous gangsta rap tracks.

After the case was dismissed, Andersen then sued the RIAA for malicious prosecution, and her attorney filed court documents in an Oregon federal court on Wednesday that seek to elevate the case to class action status.

The development, first reported by p2pnet, hopes to make a class out of those "who were sued or were threatened with sued by Defendants for file-sharing, downloading or other similar activities, who have not actually engaged in actual copyright infringement." In other words, a class of the innocent. In the complaint, Andersen alleges that the RIAA "has engaged in a coordinated enterprise to pursue a scheme of threatening and intimidating litigation in an attempt to maintain its music distribution monopoly."

Andersen is also going after the RIAA's investigative arm, SafeNet, formerly known as MediaSentry. This group allegedly "conducts illegal, flawed and negligent investigations for the RIAA and its controlled member companies" and has also featured in past complaints.

Some of Andersen's claims against the RIAA have been tried by other defendants who chose to fight back, but this is the first time that a judge has been asked to consolidate such lawsuits into a class action.

Proving many of these charges will be difficult. Andersen alleges that the RIAA has violated the RICO racketeering act, but we have previously discussed why this will be hard to prove. The charge of malicious prosecution could be a bit easier, though Andersen (and other defendants, if the class is certified) will have to show a pattern of willful behavior by the RIAA, something that could be very difficult without having an insider from the organization "flip."

Should the case eventually be certified as a class action, it would bring a whole new kind of negative attention to the RIAA's legal campaign. The fact that the class specifically includes only those who have not committed copyright infringement will certainly go a long way toward making this look like David v. Goliath redux. Whether deserved or not, these sort of cases are giving the RIAA a reputation for suing innocent people, a perception that a class action suit would only heighten. Expect a vigorous defense from the association.

http://arstechnica.com/news.ars/post...tion-suit.html

[Mr Bigman]

I think the RIAA needs there heads examined.

I seriouly hope someone in Washington gets a hold of this a rns a mach over the RIAA and puts them out of business kinda like what happen with SCO.

Hey RIAA, you **** with the wrong people and your going to get hurt.

Id say someone gets pissed enough, they would find out where the RIAA is hiding and burned that mother to the ground.

[ViN86]

Originally Posted by Mr Bigman

Id say someone gets pissed enough, they would find out where the RIAA is hiding and burned that mother to the ground.

what do you think they are, the legion of doom?

its not like they have a secret lair...they have an office building...

on a more serious note, they probably deserve all they get. you cant just throw your weight and intimidate ppl to get what you want. the real question is, how many ppl paid these things that actually didnt break the law, but just wanted to avoid being publicly humiliated or face steep legal fees?

[pnut_gallery]

Arrg!

[Athena]

good info but that was one of the most poorly written news articles I have ever seen. Wow the guy/gal must have graduated the top of their 3rd grade class!!!

[DiscipleDOC]

Originally Posted by ViN86

what do you think they are, the legion of doom?

its not like they have a secret lair...they have an office building...

on a more serious note, they probably deserve all they get. you cant just throw your weight and intimidate ppl to get what you want. the real question is, how many ppl paid these things that actually didnt break the law, but just wanted to avoid being publicly humiliated or face steep legal fees?