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Monday, March 17, 2008

Amended Complaint Filed In RIAA/Media Sentry Lawsuit

Tanya Andersen has filed her amended complaint in her class action, Andersen v. Atlantic.The 109-page document provides a detailed description of some of the RIAA abuses, and contains 18 claims for relief, including Federal and State RICO claims, negligence, intentional infliction of emotional distress, abuse of process, and fraud.The suit targets the record companies, MediaSentry, Settlement Support Center LLC, and the RIAA.The complaint begins:

1.1 For nearly three years of her life, Tanya Andersen and her young daughter were subjected to an outrageous series of baseless accusations and unrelenting threats of financial ruin. The world’s four major recording studios had devised an illegal enterprise intent on maintaining their virtually complete monopoly over the distribution of recorded music. The enterprise is conducted with total disregard for innocent individuals. Dead people have been sued. Children have been sued. People without computers have been sued. As a senior RIAA spokeswoman explained: “When you fish with a net, you are going to catch a few dolphins”. By their own early admission, they were knowingly engaged in a “driftnet fishing” operation and “innocent dolphins” were the collateral damage in their “nets”.

Nationwide Conspiracy of Crime 1.2 -In 2003 and before, the Big 4 recording companies conspired with the enforcement/lobbying arm of the music cartel -- the RIAA -- and MediaSentry to devise an investigation scheme that was both illegal and seriously flawed. The scheme was based on secret private investigations by unlicensed, unregistered and uncertified private investigators. These private investigators claim to have illegally entered the hard drives of tens of thousands of private American citizens to look for music recordings stored there. This personal invasion is a crime in virtually every state in the country. If music was “discovered” through this illegal process, the private investigators would then sell the identity of the computers’ internet protocol address to the RIAA and the Big 4 record companies.

You can follow this story and more at the Recording Industry vs The People website. If you are into reading all the gory legal details of the RIAA lawsuit witch-hunt, this is the best place to do it. While it can be a bit dry at times, it will give you excellent insight into the legal arguments presented by both sides of the debate. If you pay close attention, you can gain some insight into how to stay out of the sights of the RIAA/Media Sentry folks.

For instance, one of the common themes I've seen is the majority of these cases involve Kazaa users. Does anyone even use this crappy client anymore? If you do, I suggest you find a better alternative and/or educate yourself on how other dumbass people are getting caught!

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