More on the RIAA and lawsuits

[Urban Ranger]

You might have read this elsewhere. A court has thrown out the case against Candy Chan, a single mother, and her 13-year old daughter.

The case was dismissed with prejudice, which prevents the case from being advanced against the defendant. Finally, the RIAA tried asking the Judge to amend the judgement in order to allow them to sue the child through a Guardian Ad Litem. However the court denied this RIAA's request.

source

It's good that the RIAA got slapped, but the smacking should have been harder.

[Mr. Harley]

I linked to the source, and then the link connecting to the link, and got the actual judgement. The RIAA did not lose, because the judge essentially stated that they can continue to sue de facto IP addresses and anyone connected with them, and that they will be immune to paying the defense's attorney fees. Since the entire situation has been about intimidation, the RIAA still won, just not a total victory.

Judgement PDF

I don't know how to cut and paste text from a PDF, and Google's translation of the page if unusable. If anyone can give me a heads on how to copy the text off the PDF, I'll post the decision here if's only five pages double spaced.

[Urban Ranger]

You can if you have Adobe Acrobat Professional.

[Urban Ranger]

Originally posted by shawnmmcc
The RIAA did not lose, because the judge essentially stated that they can continue to sue de facto IP addresses and anyone connected with them, and that they will be immune to paying the defense's attorney fees. Since the entire situation has been about intimidation, the RIAA still won, just not a total victory.

They lost this particular case though, and the defendant may be able to counter with a civil suit. IANAL though.

[Urban Ranger]

What prophetic powers

Somebody is suing RIAA:

Tanya Andersen, a 41 year old disabled single mother living in Oregon, has countersued the RIAA for Oregon RICO violations, fraud, invasion of privacy, abuse of process, electronic trespass, violation of the Computer Fraud and Abuse Act, negligent misrepresentation, the tort of "outrage", and deceptive business practices.

source

[asleepathewheel]

funny.

but one of the more poorly written complaints I've seen

10. When Ms. Andersen contacted Settlement Support Center, she was advised that her personal home computer had been secretly entered by the record companies’ agents, MediaSentry.

Hope she got that in writing! Can't fathom someone being so stupid to state that. Haha. I'm sure what they meant, if anything, was that they used the installation of Kazaa on her pc to see what files she had.

I really wish that these lawyers had used a technical consultant before drafting this complaint.

Unfortunately to me, this seems like a firm is trying to make a big splash for themselves and doing a sloppy job of it.

[Urban Ranger]

Well, the linked article is not the orginal complaint. I tried a bit to find the original over the Web, to no avail. I didn't try all that hard