[Corporations] Fwd: Resisting the corporate Gestapo
CounterCorp
outreach at countercorp.org
Thu Jul 5 22:05:35 EDT 2007
From CounterCorp's "Corporation Watch" list:
> Pursuing Pirates, No Matter the Cost
>
> By Scholle Sawyer McFarland
>
> (MacWorld, July 5) -- In case you missed it amid the iPhone hoopla,
> a single mother from Oregon won a victory against the recording
> industry in June. The Recording Industry Association of America
> (RIAA) finally dropped its 2005 case, Atlantic v. Andersen, against
> Tanya Andersen.
>
> The RIAA had accused her of using the peer-to-peer file-sharing
> program called Kazaa to illegally download gangster rap songs.
> (Some blog posts give specific song titles, including Ludacris’
> “Hoes in My Room.”)
>
> Andersen filed a countersuit later that year, accusing the RIAA of
> racketeering, invasion of privacy, and malicious abuse of the legal
> process.
>
> According to the text of her countersuit, an employee at the
> company trying to collect a fine from her [on behalf of the RIAA]
> told her that, although he believed she was innocent, the RIAA
> would not “quit their attempts to force payment from her because to
> do so would encourage other people to defend themselves.”
>
> And unless she immediately paid them the sum of roughly $4,000,
> the RIAA allegedly would “ruin her financially.”
>
> Andersen provided the RIAA with a MySpace page (entitled “Chad’s
> Wacky Life Stories”) linked to the user name that the RIAA said
> that she used, as well as the author’s name and location.
>
> But the RIAA continued to pursue her. It threatened to force a
> deposition of her 10-year-old daughter — even going to the lengths
> of masquerading as the girl’s grandmother in a call to her
> elementary school.
>
> And so the whole sad affair continued until earlier this year,
> when the recording industry agreed to drop their case — if Andersen
> dropped hers. She refused, and filed a motion demanding that the
> RIAA provide proof she had illegally downloaded music. Right before
> the June deadline, the RIAA relented.
>
> The case was dismissed, significantly, “with prejudice.” In legal
> speak, the court said Andersen is innocent and can try to recover
> her attorney fees.
>
> Andersen filed a new suit in Oregon to seek additional damages
> from the RIAA, the company that collected fines for them, as well
> as the private investigation company that helps them in their
> pursuit of pirates.
>
> That the RIAA thinks it necessary to stoop to such ham-handed
> tactics — pursuing the innocent when there are plenty of real
> pirates out there — is truly frightening. (And, of course,
> frightened is exactly what they want us to be.)
>
> But it also goes to show how impotent the recording industry must
> feel as electronic music completely reorganizes its world. Let’s
> hope Tanya Andersen’s victory gives them pause before they do
> anything like that again.
>
> _________________________________________
>
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