NPR: Music Industry Plays Tough in File-Sharing Suit

Music Industry Plays Tough in File-Sharing Suit

It's not often that a radio piece makes me really angry. But that's exactly how I felt when I heard a Marketplace report about the way the Recording Industry Association of America targeted Tanya Andersen of Oregon in its quest to sue people who are illegally downloading music. The problem? Andersen said she didn't do it and could prove it. But that didn't seem to make a difference to the RIAA.

Andersen's case illustrates what many see as the RIAA's "scorched earth" policy to curtail file-sharing. Her lawyer told Marketplace that after Andersen decided to fight back against the erroneous accusations, someone from the RIAA's law firm called her apartment manager and threatened to get him in a lot of trouble if he didn't give out Andersen's personal information.

For its part, the RIAA says people accused of illegally downloading files frequently say they have been wrongly targeted. Mitch Bainwol, the head of the RIAA, says people can be "creative" with the way they portray the facts.

However, Andersen's fight with the RIAA, which dragged on for a couple of years, ended when a federal court told the group that it had to prove Andersen had made the downloads. The association then dropped the suit, leaving her with thousands of dollars in legal fees. But as Marketplace notes, the courts may be losing patience with this tactic. A judge recently ordered the organization to pay a Texas woman's $68,000 legal bill.

Now Andersen has turned the tables and is suing the RIAA, accusing the group of "fraud, malicious prosecution, libel and slander, invasion of privacy, deceptive business practices, misuse of copyright laws and colluding to engage in widespread extortion and racketeering."

1:41 PM ET | 09-18-2007 | permalink

Comments (Send a comment)

Change is inevitable -- analog wax cylinders were replaced by 78 rpm disks, which were (eventually) replaced by 331/3 disks, which became stero 33 1/3 disks and then the analog deliver system was superceded by the digital medium - Compact discs.

If the RIAA spent 1/10 as much time in finding ways to deliver music to the public in the age of virtually univeral digital connections (internet) as they do in prosecuting people for possible crimes the recording industry would not be in such a sad state.

Now compact discs are being superceded by digital computer files. As surely as the LP is now a niche product,so to will the CD be a niche product.

The RIAA should be working on adapting to change rather that wasting valuable resources on pointless prosecutions. All their stalling tactics are doing is allowing a new set of players - iTunes, eMusic, Audio Lunchbox, etc. etc. to have an open field for the 21st centruy consumer.

ed malloy

Sent by Ed Malloy | 3:42 PM ET | 09-18-2007

I understand the illegal down-load issue from the standpoint of the music distributors and artists. Everyone believes they should be paid for their creativity.

Mine is mine, and your's is your's. Don't tread on my tunes. I have never downloaded music from any source. I don't want the hassle. I don't want to break the law. Who made the laws?

I think it is time for the consumer to stand up and be counted. I buy CD's of the artists and music I enjoy. If I like it I pay for it!

I will not buy another digital music file for the next year. I will not buy a single CD or DVD. I will not support any musical group I truly enjoy by purchasing any product they issue. If this problem is not resolved, I will create my own music.

DON'T BUY ANY MORE MUSIC UNTIL THE INDUSTRY WORKS OUT AN HONEST AND EQUITABLE SOLUTION. I STRONGLY ENCOURAGE EVERYONE TO BACK-OFF AND WAIT FOR THESE PEOPLE TO WAKE UP.

DO NOT BUY ANY MUSIC!

Sent by Marion Foster | 7:36 PM ET | 09-18-2007

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