After an Oregon woman’s lawsuit against the RIAA was thrown out by a federal judge last month, Tanya Andersen has now filed an amended compliant to have the investigative techniques revealed for alleged illegal file and music downloads.
The file sharing investigative techniques by the RIAA has always been secret. However, the latest lawsuit could force the Recording Industry Association of America to make it public.
Tanya Andersen, a disabled single mother who in June 2005 was accused by the RIAA of illegally downloading and distributing copyrighted music files, was sued by Atlantic Recording. However, the case was voluntarily dropped by the RIAA in August 2007 amid a flurry of counterclaims by Andersen, who accused the association of malicious prosecution, libel, negligence, invasion of privacy, electronic trespass and fraud.
Andersen’s lawsuit charged the recording labels of hiring unlicensed investigators to illegally gather evidence against her and that the RIAA had violated the Racketeer Influenced and Corrupt Organizations (RICO) Act.
Andersen’s suit was then dismissed on February 19 by Oregon District Court Judge Anna Brown. In her ruling, Brown said that Andersen had failed to adequately state her claims for relief and generously gave her until March 14 to file an amended complaint.
That means if Andersen’s amended complaint is allowed by the judge, the RIAA will be forced, for the first time in its pursuit of illegal music sharers, to disclose its investigative technique.
The RIAA claims that they are a trade group that represents the United States recording industry. Its mission is to foster a business and legal climate that supports the record companies.
In support of their mission statement, the RIAA works to protect intellectual property rights worldwide and the First Amendment rights of artists; conducts consumer, industry and technical research; and monitors and reviews state and federal laws, regulations and policies.