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RIAA Pays Tanya Andersen $107,951

Posted by kdawson on Fri Aug 15, 2008 08:33 AM
from the grinding-gears-as-it-goes-into-reverse dept.
NewYorkCountryLawyer writes "Well, Phase I of the RIAA's misguided pursuit of an innocent, disabled Oregon woman, Atlantic v. Andersen, has finally drawn to a close, as the RIAA was forced to pay Ms. Andersen $107,951, representing the amount of her attorneys fee judgment plus interest. But as some have pointed out, reimbursement for legal fees doesn't compensate Ms. Andersen for the other damages she's sustained. And that's where Phase II comes in, Andersen v. Atlantic. There the shoe is on the other foot, and Tanya is one doing the hunting, as she pursues the record companies and their running dogs for malicious prosecution. Should be interesting."
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[+] News: RIAA Backs Down In Texas Case 221 comments
NewYorkCountryLawyer writes "After receiving a Rule 11 Sanctions Motion (PDF) in a Houston, Texas, case, UMG Recordings v. Lanzoni, the RIAA lawyers thought better of proceeding with the case, and agreed to voluntarily dismiss the case 'with prejudice', which means it is over and cannot be brought again. The defendant's motion papers detailed some of the RIAA's litigation history against innocent individuals, such as Capitol Records v. Foster and Atlantic Recording v. Andersen, and argued that the awarding of attorneys fees in those cases has not sufficiently deterred repetition of the misconduct, so that a stronger remedy — Rule 11 sanctions — is now called for."
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  • *HAPPYDANCE* (Score:5, Interesting)

    by jeiler (1106393) <{moc.liamg} {ta} {ffo.reggub.og}> on Friday August 15 2008, @08:34AM (#24613331) Journal
    Way to go, Ms. Andersen!
  • Abuse of Process (Score:5, Insightful)

    by Ozric (30691) <ozric&tampabay,rr,com> on Friday August 15 2008, @08:35AM (#24613357)

    I think that could be a fitting charge as well.

    • Re:Abuse of Process (Score:5, Informative)

      by Maelwryth (982896) on Friday August 15 2008, @09:21AM (#24613765)
      I think she has beaten you to it.
      Third claim for relief: Abuse of legal process
      From the document [ilrweb.com]; "8.18 As detailed above and herein, the RIAA and the Record Companies pursued litigation against Plaintiff, and many processes attendant to that litigation (including the filing of an initial information-farming "John" and "Jane Doe" action to obtain subpoena power), not for purposes of protecting or vindicating the copyrights purportedly at issue, but instead for the primary unlawful purpose of intimidating Plaintiff and the general public in order to maintain and preserve as long as possible their monopolistic control over the world's market for the distribution of sound recordings."
      IANAL though, so maybe I have it all wrong.
  • Reported Elsewhere (Score:5, Interesting)

    by ilovegeorgebush (923173) * on Friday August 15 2008, @08:36AM (#24613361) Homepage
    Torrentfreak.com also has a write-up of this: http://torrentfreak.com/riaa-pays-up-in-anderson-case-080814/ [torrentfreak.com] - [potentially NSFW link]

    Interesting bits to note:

    It is encouraging to finally hear that last night, the RIAA and the member companies that were involved in the case finally paid the fees (they refused first), putting an end to this protracted legal wrangling. The amount paid was not, however, $107,834 but a figure of $107,951 â" a figure which takes into account interest accrued due to delay.
    [snip]
    So, with Thomas looking to head to a mistrial, making the $222,000 judgment null and void, the two largest decisions in the RIAA's 'war on downloading' have been against them. In both cases the RIAA admitted it was wrong, and ordered to pay the fees.

  • class action (Score:5, Interesting)

    by pha7boy (1242512) on Friday August 15 2008, @08:41AM (#24613389)
    oh, this has the making of a beautiful class action suit against RIAA and the record companies. Can you imagine the beautiful, beautiful damanges?
    • by Shakrai (717556) on Friday August 15 2008, @08:59AM (#24613523) Journal

      oh, this has the making of a beautiful class action suit against RIAA and the record companies. Can you imagine the beautiful, beautiful damanges?

      *looks into crystal ball*..... I envision millions of dollars in legal fees for the lawyers representing the class and free iTunes download credits for the class members

    • Re:class action (Score:5, Insightful)

      by homer_s (799572) on Friday August 15 2008, @09:27AM (#24613841)
      oh, this has the making of a beautiful class action suit against RIAA

      And then we'll hear all about how "the system works".

      I'm surprised that no one here blames the legal system that enables the likes of the RIAA - if the system is setup in such a way that some bully can take advantage of people, they eventually will.
  • by Anonymous Coward on Friday August 15 2008, @08:49AM (#24613445)

    Monetary damages against corporations will never be enough. Since they are fictitious legal persons we need the equivalent of prison time for them. In the information age it's perfectly possible to 'lock up' a company, suspending their trading and seizing all assets for 60 days would REALLY HURT.

    It may even collapse the company. Well, if they can't take the heat they shouldn't be doing the crime. This is the only way to give society and the courts that represent us any teeth against corporations.

    Vote for corporate jail time.

    • by The Only Druid (587299) on Friday August 15 2008, @08:57AM (#24613515)

      Monetary damages against corporations will never be enough. Since they are fictitious legal persons we need the equivalent of prison time for them. In the information age it's perfectly possible to 'lock up' a company, suspending their trading and seizing all assets for 60 days would REALLY HURT.

      It may even collapse the company. Well, if they can't take the heat they shouldn't be doing the crime. This is the only way to give society and the courts that represent us any teeth against corporations.

      Vote for corporate jail time.

      Since what they've done here isn't a crime, why are you mentioning imprisonment at all? The worst thing they've done here is a civil tort, and the only remedy available to anyone for civil torts are civil damages, i.e. generally monetary damages.

      If you're suggesting we create a special sort of damages schedule for corporations vs. normal persons, you've clearly not thought your cunning plan through.

  • by ratbag (65209) on Friday August 15 2008, @09:01AM (#24613553) Homepage

    I haven't RTFAs (or not all of them anyway - have you?). But I'm struggling to see why she is described as "innocent, disabled". Does the validity of the case or the settlement depend on her being disabled?

    • I haven't RTFAs (or not all of them anyway - have you?). But I'm struggling to see why she is described as "innocent, disabled". Does the validity of the case or the settlement depend on her being disabled?

      Personally, I think it makes it a bit more disgusting that the completely innocent person you are torturing over a frivolous, nonexistent, totally unnecessary, case, happens to be a disabled single mother of a small child whose sole income is Social Security Disability. Here [blogspot.com]'s some background.

      There seem to be a few people who don't think it should matter at all. Those aren't my kind of people. I think people should have a heart.

    • by R2.0 (532027) on Friday August 15 2008, @09:21AM (#24613775)

      It counts because her disability severely limited her economic means, and the RIAA tried to use this fact to bulldoze her into a settlement.

      It also counts because this is a war on 3 fronts - legal, political, and PR. Her disability has little to do with the legal case (except as mentioned above), but is hugely relevant to the PR war and possibly to the political war - picture this woman in front of a congressional committee, and even the Senator from Disney will be groveling to show how much he sympathizes with her.

      And if you don't believe it's a PR war too, why is this a favorite Slashdot topic.

  • FYI (Score:5, Informative)

    by martin_henry (1032656) on Friday August 15 2008, @09:06AM (#24613605)
    Here are the documents pertaining to her counter-suit,
    Anderson v. Atlantic. [blogspot.com]

    One of the claims cites the RICO Act, which I can only imagine spells bad news for RIAA & mediasentry...
  • Movie (Score:5, Funny)

    by digitalderbs (718388) on Friday August 15 2008, @09:08AM (#24613637)
    Something tells me the movie industry won't get behind this story like they did for Erin Brockovich.