Tuesday, January 31, 2006

Tanya Andersen Case Heats Up. RIAA Seeks Dismissal of Counterclaims. Tanya Seeks Dismissal of RIAA's Complaint.

The Tanya Andersen case in Oregon has heated up.

The RIAA has made a motion to dismiss Ms. Andersen's counterclaims.

And Ms. Andersen has made a motion to dismiss the RIAA's complaint.

Both motions are scheduled to be argued on February 27th.

Additionally, Ms. Andersen has filed an amended answer and counterclaims.

At this point I have only incomplete litigation documents. Will post others as they become available:

Defendant's Memorandum of Law in Support of Motion to Dismiss Complaint
Plaintiff's Memorandum of Law In Support of Motion to Dismiss Counterclaims
Defendant's Memorandum of Law in Opposition to Plaintiff's Motion to Dismiss Counterclaims
Defendants's Amended Answer and Counterclaims

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

2 comments:

madfinn said...

I don't know what the lawyers for Tanya Andersen are smoking, but the whole idea that RIAA broke into here computer is complete bull.

If she, as she claims, never used any file-sharing software, then nobody could even have "broken into" her computer, because there wouldn't have been anything to break into.

If she was using file-sharing software, then the software itself allows anyone to see the list of files without having to break into the computer at all. The software ANNOUNCES the availability of the files to anyone who asks.

Her lawyers are not giving her good advice. If they're charging her for it, that's even more criminal than what RIAA is doing. She could land into a lot of trouble with this sort of "defense".

Ray Beckerman said...

Dear "madfinn":

You're not understanding something important. The RIAA's representatives -- a group of ex-cops at Settlement Support Center LLC -- specifically told her they'd broken into her computer.

Ms. Andersen's lawyers alleged in the alternative: either these guys were telling the truth in which case they broke a lot of privacy laws, or these guys were lying, in which case they committed fraud, extortion, etc.

The lawyers for Ms. Andersen are very very capable lawyers; they know what they are doing. Have a little confidence. Don't be so quick to jump on people who are your friends. (Unless of course you're an RIAA troll.).

Best regards,

Ray