This is the sort of News that brings a smile to the face of many veteran file-sharers, the Cartel on the run yet again
http://blog.wired.com/music/2008/03/andersenOnce Tanya Andersen files her amended Complaint, which the RIAA is barred from contesting this time around, the organization could have to explain the following details by producing documents and allowing major-label anti-piracy executives to be deposed:
- How much the RIAA's lawyers make
- Why the average file sharing settlement fee is $4-5K
- How it decides which file sharers to sue, and which ones not to sue
- Where the settlement money goes (i.e. whether any of it makes it to the artists)
If it turns out that the RIAA is paying its investigators (such as MediaSentry) a percentage of the settlements that result from their investigations, it is in even more trouble. That's illegal in many states, according to Ratoza, including New York.
Things could get even worse for the RIAA. Andersen isn't likely to be granted class action certification for her suit, because federal courts (where copyright-related proceedings take place) are not friendly to class-action suits. But another RIAA lawsuit victim could use the information divulged in Andersen's case to countersue the RIAA for specific allegations (fraud and RICO violations) in a state court, where class action certification is more likely.
Like all other folks concerned with the abusive practices of the recording industry and its teams of bully boy lawyers who are in effect the lowest form of life known to most folks , I would like to see a plain case with plain questions and plain answers, in reality thats not likely to happen,
so lets enjoy watching these Cartel slugs wriggle on the hook even if it is just until their next appeal as it seems is perpetually the case.
