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Exonerated defendant sues RIAA for malicious prosecution

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Exonerated defendant sues RIAA for malicious prosecution

Postby piXelatedEmpire » Mon Jun 25, 2007 11:59 pm

Story : http://arstechnica.com/news.ars/post/20 ... ution.html

The RIAA is accused of malicious prosecution, libel, slander, fraud, racketeering, and a host of other illegal activities as a former file-sharing defendant fights back against the music industry.
Ross Wheeler, CEO of Albury.net.au, referring to the Australian Governments internet filtering plan wrote:"It's the most ill-conceived pile of stupidity by the biggest bunch of cretins that I've ever seen in my life"
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Postby pkrisnin » Tue Jun 26, 2007 12:27 am

I thought the MPAA and RIAA paid congress to cover their ass in the DMCA too. Doesn't the DMCA protects these companies if they make a false DMCA notice.
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Postby Dazzle » Tue Jun 26, 2007 8:08 am

I,m hoping that this case succeeds in clawing back some of the lost ground ceeded to these intellectual property terrorists, after all they can be called nothing else in their quest to attack indiscriminately those they believe have no chance of fending off a sustained legal onslaught backed by their billion dollar backers.

Extortion is wrong, harrassment is wrong and attempting to apply pressure to a child for commercial gain is just plain sick, I also hope this case opens up an avenue for a criminal prosecution, as only when these IP terrorists are dealt a blow will ordinary people have some restored respect for the justice system.
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Postby anonymity22 » Tue Jun 26, 2007 2:49 pm

if they knowingly file a false claim, or after being informed that they are incorrectly filing their claim, they file another one, they are liable and cannot legally send the DMCA notice.
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Postby Dazzle » Tue Jun 26, 2007 3:40 pm

Sorry call me dense chaps but whats the DMCA got to do with this story ?
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Postby TorrentMama » Tue Jun 26, 2007 4:53 pm

The RIAA is also accused of trying to contact Andersen's then eight-year-old daughter without her knowledge. "Knowing of her distress, the RIAA and its agents even attempted to directly contact Kylee," reads the complaint. "They called Ms. Andersen's apartment building looking for Kylee. Phone calls were also made to her former elementary school under false pretenses.


seriously? they called an elementary school. Who the hell would do something like that? What kind of person would harass a child? I would sooner eat bbq at Jeffery Dahmer's house before I would take a job with the miscreants at the RIAA.
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Postby LurkinHawk » Tue Jun 26, 2007 7:02 pm

Seriously, TorrentMama, tell us how you really feel!

I'm reminded of an old Gary Larsen cartoon panel, captioned: God, as a child, attempts to create a chicken in his bedroom. The cartoon shows a kid blackened in face and arms and hands, smoke curling away, feathers flying everywhere, and eyes very wide and white.
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Postby piXelatedEmpire » Tue Jun 26, 2007 11:40 pm

Dazzle wrote:Sorry call me dense chaps but whats the DMCA got to do with this story ?

You're dense, and I was wondering the same thing, so what does that make me? :lol:
Ross Wheeler, CEO of Albury.net.au, referring to the Australian Governments internet filtering plan wrote:"It's the most ill-conceived pile of stupidity by the biggest bunch of cretins that I've ever seen in my life"
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Postby curzlgt » Wed Jun 27, 2007 12:20 am

The RIAA is also accused of trying to contact Andersen's then eight-year-old daughter without her knowledge. "Knowing of her distress, the RIAA and its agents even attempted to directly contact Kylee," reads the complaint. "They called Ms. Andersen's apartment building looking for Kylee. Phone calls were also made to her former elementary school under false pretenses... Ms. Andersen learned of these tactics and was even more frightened and distressed."


Perhaps the "pre-litigation center" *cough* collection vultures *cough* should of looked into the states collection practices a little closer, seeking to get info froma minor is usually a BIG no-no, most places, unless i'm mistaken.

This story has very little to do with the DMCA, and much to do with the abuse of the civil justice system ........

I hope she sets a shatteringingly big precadence against the RIAA strong arm tactics......too bad it'll take years to see the result :(
“The music business is a cruel and shallow money trench, a long, plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side,” - Hunter S Thompson
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Postby IceCube » Sat Jun 30, 2007 2:28 am

I'm a little late for this one, but for those interested, Groklaw also posted some discussion on the case.
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Postby RayBeckerman » Sun Jul 01, 2007 11:10 am

IceCube wrote:...for those interested, Groklaw also posted some discussion on the case.
Here are some other links.
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Postby hedgem » Sun Jul 01, 2007 11:52 am

Maybe they thought the eight year old was hiding all the evidence.
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