SoundTempest

The Recording Industry Association of America, which represents the major labels of the United States music industry and hundreds of other smaller labels, may be going to court again in the near future. However, this time, the organization will be the defendant in a malicious prosecution lawsuit. The complainant is Tanya Andersen, a single mother who was previously (but wrongly) accused of illegal file-sharing by the RIAA. The case against her was dismissed abruptly.

Andersen contends that the RIAA’s method of prosecuting individuals suspected of file-sharing is deeply flawed. During the course of the proceedings against her, Andersen claims that the RIAA “acted negligently” and engaged in “fraudulent conduct”, using deceptive and distressing tactics throughout.

This is not the first complaint Andersen has filed. Her first was dismissed last month on what was essentially a technicality, but the judge allowed a one-month window to refile, and stated to both parties that no further motions to dismiss would be granted. The next stage of the complaint is the discovery process, wherein the involved parties begin a thorough search for information pertaining to the lawsuit, followed by trial.

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In the post-Napster years, the RIAA and its members have become notorious for their relentless legal assault on anyone contributing to copyright infringement of their music. By far the most controversial aspect of this continued anti-piracy plan has been the tens of thousands of lawsuits filed against individuals thought to be uploading music on P2P networks. This has caused a huge uproar among music fans of all ages, though it incited particular rage among younger generations.

But I’m sure if you’re reading this you probably know all that, so you don’t need me to explain how much this could potentially shake up the RIAA. Major players in the music business have typically been good at getting themselves out of legal trouble, but it seems like the RIAA really has no place to run this time. Now, they do have a well-funded legal team, but public opinion is not on their side and the extremity of the measures they have taken to initiate litigation against anyone from young children to grandmothers will certainly not help their cause.

Though I don’t support music piracy at all, it’s hard for me to really side with the RIAA given the exorbitant settlements they have asked for in the past. Best of luck to Andersen on this one.