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The RIAA is insisting on deposing Tanya Andersen's 10-year-old daughter in Atlantic v. Andersen, in Oregon. The child was 7 years old at the time of the alleged infringement.
This is the case peer-to-peer file sharers have been waiting for. Tanya Andersen, a 41 year old disabled single mother living in Oregon, has counter sued 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.
RIAA lawyers had planned to personally interrogate Kylee, who was only seven when the labels first decided to sue her mother, face to face. And they were very clear on this.But judge Donald Ashmanskas has put an end to that idea. The RIAA can speak with Kylee, he's ruled, but at her home, and by telephone only.This is the second time Ashmanskas has put paid to RIAA schemes. Last year he ruled that if the Big 4 enforcement unit wanted a look at Andersen's computer hard drive, she could hire her own expert, and the RIAA would have to foot the bill.Nor is Mrs Andersen caving in.She's suing the RIAA under the Oregon RICO (Racketeering Influenced and Corrupt Organization) Act.