Exonerated defendant sues RIAA for malicious prosecution

Former RIAA target Tanya Andersen has sued several major record labels, the parent company of RIAA investigative arm MediaSentry, and the RIAA's Settlement Support Center for malicious prosecution, a development first reported by P2P litigation attorney Ray Beckerman of Vandenberg & Feliu. Earlier this month, Andersen and the RIAA agreed to dismiss the case against her with prejudice, making her the prevailing party and eligible for attorneys fees.

The lawsuit was filed in the US District Court for the District of Oregon late last week and accuses the RIAA of a number of misdeeds, including invasion of privacy, libel and slander, and deceptive business practices.

Andersen is a disabled single mother residing in Oregon. In 2005, she was sued by the RIAA for file-sharing, accused of sharing a library of gangsta rap over Kazaa. She denied the allegations and filed a counterclaim alleging fraud, racketeering, and deceptive business practices by the record labels. Despite the lack of any evidence of infringement apart from an IP address, the RIAA continued to press ahead with the case until the abrupt dismissal earlier this month.

Andersen lays out an unsavory account of the music industry's actions as it attempted to dig up evidence that she was guilty of infringement. Early on, an employee at the Settlement Support Center, the RIAA's prelitigation collections agent, allegedly told Andersen that he believed she had not infringed any copyrights according to the complaint.

After the RIAA filed suit, Andersen's complaint says that she provided the name, location, and phone number of the person she believed was behind the Kazaa account "gotenkito," the account the RIAA accused her of using for copyright infringement. "Instead of dismissing their false claims, the defendant Record Companies persisted in their malicious prosecution of her they publicly libeled her with demanding and repulsive accusations [sic]" that she listened to misogynistic rap music according to the complaint.

The RIAA is also accused of trying to contact Andersen's then eight-year-old daughter without her knowledge. "Knowing of her distress, the RIAA and its agents even attempted to directly contact Kylee," reads the complaint. "They called Ms. Andersen's apartment building looking for Kylee. Phone calls were also made to her former elementary school under false pretenses... Ms. Andersen learned of these tactics and was even more frightened and distressed."

RIAA beaten in court by Tanya Andersen yet again

17 January 2008

RIAA beaten in court by Tanya Andersen yet again 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.