RIAA p2p file share defeat
(p2p news / p2pnet) The Big Four Organized Music record label cartel’s RIAA is licking its wounds after losing a bid for unfettered access to the hard drive of an Oregon mother it’s victimizing in a p2p file sharing case. The woman, Tanya Andersen, lives alone with her nine-year-old daughter, Kylee, surviving on Social Security disability payments.
On behalf of the Big Four’s RIAA (Recording Industry Association of America) RIAA, “settlement” worker Mark Eilers accused her of “illegally” downloading music files, demanding an extortion payment to get the labels off her back.
But Andersen, 43, says she’s has never downloaded or distributed music in her life and since February last year, when the labels’ civil copyright infringement lawsuit was filed, has been trying to end her nightmare by having the RIAA examine her computer so they could see for themselves.
The RIAA had always ignored her but then, out of the blue, suddenly wanted a court order to allow it to ferret freely through her hard drive.
Andersen and her lawyers, Lybeck Murphy from Mercer Island, Washington, refused to give carte blanche access, and judge Donald Ashmanskas has told Andersen to go ahead and hire her own independent private forensic expert to look for specific files, also ordering the RIAA to foot the bill for the examination.
“Finally!!!” – declares Andersen. “I’ve been asking them to look at the computer ever since I first heard from them.
“I’m glad the judge has finally given me the opportunity to show I didn’t do what I’m being accused of, and that the RIAA won’t be able to just search through my entire computer and invade my privacy by looking at stuff they don’t need to look at, like tax info, family photos, financial stuff, etc,” Andersen says.
“One other thing I wanted to tell you about,” she adds. “These cases are starting to finally get some news attention, here. A couple months ago, I was on channel 6 in Portland. (It was a real short news segment.) Then, on Thursday, I went to Seattle and the news team there talked to me for quite some time. I’m glad awareness of what these people are trying to pull is beginning to spread.”
The interview is slated to air on CBS affiliate Kiro 7 tomorrow (Monday).
Not at all incidentally, the RIAA is also being sued by Andersen – in a RICO (Racketeering Influenced and Corrupt Organization) case which is on hold pending the results of the investigation of Andersen’s hard drive.
RICO suits are more normally used in Organized Crime prosecutions.
I think RICO applies perfectly to the RIAA.