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story category RIAA Finally Pays Oregon Mom $108,000
Sometimes they fight back, and win....
(old news - 04:59PM Thursday Aug 14 2008)
tags: legal · Fileswapping · business
Tipped by Cheese See Profile
In 2005, the RIAA sued a single mother from Oregon for sharing copyrighted music files on her broadband connection. Unfortunately for the RIAA, they couldn't actually prove she did anything wrong, so they were forced to drop the case. A Judge ultimately ruled that the RIAA had to pay the woman's court fees of $107,951. After initially trying to get away with paying just $30,000 and then $60,000, the RIAA has finally paid Andersen the full amount. Andersen is still suing the music industry for violating racketeering laws.

Related:
  1. One Man's Pirate Is Another Man's Customer
  2. New RIAA Plan Going Nowhere Fast
  3. Jamie Thomas Guilty -- A Song's Worth $80,000
  4. Music Industry Wants ISPs To Adhere To Nonexistent Laws
  5. Spain Shoots Down 'Three Strikes' Idea
  6. The Pirate Bay Gets Sold
  7. Pirate Bay Sale Sees Insider Trading
  8. Thomas To Appeal Huge RIAA Fines
Forums » RIAA Finally Pays Oregon Mom $108,000
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Cheese
Premium
join:2003-10-26
Naples, FL
clubs:

Way to go Judge!

A win for the man! Or in this case, Woman!

en102
Canadian, eh?

join:2001-01-26
Valencia, CA

Re: Way to go Judge!

Damn straight...I hope she wins on her lawsuit too.
As much as I may be against ripping copywritten material, I'm also against the tactics used by RIAA/MPAA.
--
Canada = Hollywood North
jc100

join:2002-04-10

Re: Way to go Judge!

... You mean the act of making available without actually sharing and then slapping people with 3000 dollar pay or be sued letters?......
chemaupr

join:2005-06-06
Alexandria, VA

Re: Way to go Judge!

said by jc100 See Profile :

... You mean the act of making available without actually sharing and then slapping people with 3000 dollar pay or be sued letters?......
The act of making available???? come on!!!! Why they are making available to begin with? I'm not for copyright violations but I despite the way RIAA has handled this issue and they should be punished as deserved.

We are all responsible for our actions. Music is an art. And the artist that bring that enjoyment to our life should be compensated, or if you prefer to be a leach then you can listen to the radio for your fee enjoyment. But if you want the art for your enjoyment at anytime, it seems fair to compensate the artist. Overprice? maybe in the CD era... but know you can buy singles online... and if you have a problem with their pricing and business model you can always
jc100

join:2002-04-10
·RoadRunner Cable

Re: Way to go Judge!

I'm not saying there isn't intent to share when one makes available. However, intent is NOT breaking the law. I might intend to jaywalk when the light turns green, telling buddies lets run across the street. Lets see if we can make it. That's not illegal. The same goes for someone making an item available. Should stores and drug companies be sued because they make ephedrine available in cough medicines? People use it to make meth. That's not it's intended purposes but hey, that's what happens with it. Just because people make an item available, knowing someone might download, doesn't mean people have. It would be like assuming all cough medicine purchasers are going to make drugs versus curing a cold. It's a possibility, but you can't prove it one way or another unless you see it happening.

fatness
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said by jc100 See Profile :

... You mean the act of making available without actually sharing
Exactly how do people "make files available" according to the RIAA?
--
Female monkeys often utter loud, distinctive calls before, during or after sex..
jc100

join:2002-04-10
·RoadRunner Cable

Re: Way to go Judge!

Easily, they have their share file visible but the RIAA has not proved violations took place. Read above for my example. More or less, the RIAA is clicking on folders, and seeing if they CAN download. They are not establishing anyone has, according to recent reports. Therefore, just because you give someone the ability (purposeful or not) to browse your folder, doesn't mean anyone has or will. See my example for how that comes into play.

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Re: Way to go Judge!

said by jc100 See Profile :

More or less, the RIAA is clicking on folders, and seeing if they CAN download. They are not establishing anyone has, according to recent reports.
Thanks. That's incredibly lame. It's hard to believe any such silly claim wouldn't be booted out of every court in which it's made.
--
Female monkeys often utter loud, distinctive calls before, during or after sex..
jc100

join:2002-04-10

Re: Way to go Judge!

Welcome to the land of the RIAA / MPAA where proof is something only little guys need. For the rest, proof smoof.
soothsayer15

join:2002-03-01
Irving, TX

It's good that someone actually took the time to fight the lawsuit instead of paying the fine. It sucks that she didn't get a nice payday like her lawyer did, hopefully she will on the racketeering charges. Lawyers are gonna seen that dollar amount and make the RIAA and MPAA their new honeypots. I wouldn't be surprised to see someone class action coming soon. I do believe the RIAA & MPAA have legal standing to protect their copyrights, but shaking people down for the amounts there were was just an abuse of the legal system.

NOCMan
Verizon Fios User
Premium
join:2004-09-30
Flower Mound, TX

Re: Way to go Judge!

That's not really a payday for the lawyer. 3 years for 108k.
rockjock

join:2003-10-14
Salt Lake City, UT

Re: Way to go Judge!

I doubt this was the only case the lawyer worked on for 3 years.

RARPSL

join:1999-12-08
Suffern, NY

said by soothsayer15 See Profile :

I do believe the RIAA & MPAA have legal standing to protect their copyrights
They have no copyrights to protect - They are just a Hired Gun that work for the actual (or at least the supposed) copyright owners since the copyright owners do not want to do it themselves. Using the RIAA/MPAA allows them to be at hands distance from the actions of the **AA Gestapo and can (like on Mission Impossible) be able to disavow their actions.

SRFireside

join:2001-01-19
Houston, TX
·RoadRunner Cable

Re: Way to go Judge!

Technically the RIAA isn't suing anybody, but it's the record labels that are members of said organization that are doing the suing. Also said record labels do tend to own many copyrights of the artists they represent, which is another problem in the music industry altogether. To sum it up it is the record label's job to protect their artist so the "RIAA" doing the suing is entirely appropriate.

Of course none of this includes the fact that the one main source of exploitation and robbery of these artists are the record companies themselves.

uid1307457
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said by Cheese See Profile :

A win for the man! Or in this case, Woman!

DownTheShore
Health Care Reform NOW
Premium
join:2003-12-02
Beautiful NJ
clubs:

Finally, a judge who understands that legal proof is necessary before conviction.

I hope she takes the RIAA to the cleaners with her civil suit.
--
Patriotism is not waving a flag, it is living the ideals

Dogfather
Premium
join:2007-12-26
Laguna Hills, CA

2 edits

Need prison time...

...for the RIAA racketeers who engage in extortion, bribery and abuse of process.

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join:2005-01-07
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2 edits

Way to go!

Hopefully this will be just the beginning for the RIAA. If they thought the $108,000 was a lot (and obviously they did cause they tried to chisel her on that) wait to the jury gets ahold of the malicious prosecution case of hers. If the RIAA was smart--and somehow I get the feeling they think they're too good for everyone, and therefore not too smart--they'd offer her a few hundred thousand right now to get rid of her lest they get hit for several million at trial!
--
I didn't inhale . . . . . Bill Clinton

jwersan
R.I.P. Mom, Brian, Ziggy, and RichK1957
Premium
join:2004-12-20
Port Jefferson Station, NY
clubs:

YEAH!!!

I hope this is the first of many such loses for the RIAA/MPAA!

hayabusa3303
Over 200 mph
Premium
join:2005-06-29
clubs:

hummm

none of the supporters of the riaa/mpaa have chimed in yet intresting.

funchords
Hello
Premium,MVM
join:2001-03-11
Washington, DC

Wrong Headline...

Should it be "RIAA Finally Reimburses Oregon Mom $108,000"?

Transmaster
Don't Blame Me I Voted For Bill and Opus

join:2001-06-20
Cheyenne, WY
·Qwest.net


1 edit

What will be interesting...

To see if the Direct TV will be pulled into this with the RIAA if their is a class action suit. As you will recall Direct TV was doing the same thing to people who had purchased flash card devices. They automatically assumed that if you purchased one of these devices from certain websites you where trying to rip-off their signal. Like the RIAA they would extort payments out of people who where using these card flashers for perfectly legal things.
--
Send a prayer to Allah, eat Beans.

a333
A hot cup of integrals please

join:2007-06-12
Corona, NY

Re: Wrong Headline...

Way to go!!! I applaud this woman for actually having the backbone to stand up to the **AA's! As others have said, let's hope this is just the tip of the iceberg for the MAFIAA. Hehe, looks like they bit off a bit more than they could chew........

danny9
Go Ahead, Make My Day
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join:2002-07-14
Clinton Township, MI
clubs:
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Re: Wrong Headline...

said by a333 See Profile :

Way to go!!! I applaud this woman for actually having the backbone to stand up to the **AA's! As others have said, let's hope this is just the tip of the iceberg for the MAFIAA. Hehe, looks like they bit off a bit more than they could chew........
I applaud with you!
--
VoicePulse 07/29/04

Kevin83165

join:2002-03-31
Herrin, IL

re: DirecTV

Yea I am surprised that there isn't some money hungry lawyer going after Dave on that one. Suing people because they purchased a smart card reader knowing they are too poor to fight back.
tcope
Premium
join:2003-05-07
Sandy, UT

RIAA does not own the courts?

I thought the RIAA owned the courts and if you wanted to use them you have to pay the RIAA a fee to get the DMA protection removed. Course... your only "renting" the courts even then.

jcurrier

@comcast.net

Good for the innocent!

This is a win for the truly innocent.

I am amazed how illegal shares find this as a win for everyone. You have the balls to steal music but you don't have the balls to walk into Macy's and steal something. You could always just tell the Police, If they would just make better clothes we would pay for them. But because they suck so bad and they don't deserve to get paid for we still really wanted them so we stole them instead.

biff420
Premium
join:2002-01-26
Richmond, CA
·AT&T Yahoo

Re: Good for the innocent!

said by jcurrier :

This is a win for the truly innocent.

I am amazed how illegal shares find this as a win for everyone. You have the balls to steal music but you don't have the balls to walk into Macy's.. blah blah blah....
Not everyone who's applauding this victory is
a P2P shares (snicker) Some of us stopped P2P when it
was decided it wasn't legal. The Macy's shoplifting
comparison is so old it's not worth debating.

Shares huh? LMAO
NormanS
Premium,MVM
join:2001-02-14
San Jose, CA
·Pacific Bell - SBC

The law has to prove you actually stole something from Macy's before they can fine, and imprison you.

In this case, the RIAA was unable to prove that the woman they targeted for extortion had actually engaged in unauthorized distribution of their property. They are now having to pay the woman's legal fees. Fighting an unwarranted charge takes money, as well as backbone. The RIAA demands $3,000 settlements precisely because that is much cheaper than fighting the claim in court ($108,000 in this case). Most people just settle. She didn't. But she had to pay her attorneys. Court ruled that her accusers have to cover that cost.

This is not a victory for "illegal file sharers". This is a victory for those wrongfully accused of illegally sharing files. It means that the RIAA has to "go back to the drawing board", and figure out how to obtain the proof of illegal activity that they need to win in court.
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum

Pizz
Hi

join:2000-10-27
Astoria, NY

CASE LAW!

Now other people who are being sued wrongfully by these 'mobsters' - can now cite this case

Ouiyouiowme

@comcast.net

Ha ha ha ha ha ha ha........

Ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha

I am SOOOOO rolling on the florr and laughing my #ss off. HA HA HA HA HA HA HA HA HA HA
Pv8man

join:2008-07-24
Hammond, IN

FINALLY!!

THE LAWFUL WON FOR A CHANGE, INSTEAD OF THE UNLAWFUL

F**K THE mafIAA

I guess this is one judge that couldn't be bribed.

jwersan
R.I.P. Mom, Brian, Ziggy, and RichK1957
Premium
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Port Jefferson Station, NY
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Re: FINALLY!!

said by Pv8man See Profile :

I guess this is one judge that couldn't be bribed.
Or the bribe wasn't big enough.
--
RIAA/MPAA... Bite me!!!!
In constant search for intelligent life on Earth!

jmn1207
Premium
join:2000-07-19
Reston, VA
·Verizon FIOS

Hold On a $econd

This damaged moms throughout the country, not just this one particular mother. The RIAA's reckless attacks and wanton greed surely caused undue emotional stress to mothers, and potential mothers, all across the land. The RIAA should fork over $108,000 for each mother in the US. A settlement offer for a lump sum of $10 million should suffice. I will put up a website to make it easy for the RIAA to make their payment. In the future, whenever they wrongfully accuse another person, they can simply use this convenient website to make their settlement payments.


Dear RIAA,

I have asked your law firm to forward this letter to you before I sue your worthless, no-talent hides. After gathering my thoughts, I have decided that you have caused unnecessary fear and discomfort on me 287 times through your own stupidity and unconscionable actions over the last few months.

The reason I am sending this letter before filing suit is to grant you the wonderful privilege of settling this as soon as possible. At an estimated cost of $108,000 per cold sweat episode, this comes to a gazillion dollars. We can just call it a million and drop this whole thing and get on with our lives once again.

Meet me at Starbucks with a sea bag full of twenties next week or I shall continue to taunt you with my stupidity.

Thank you,

Dr. Clement Okon of the National Bank of Nigeria



NowVOIP
In the beginning there was POTS

join:2006-03-05
Round Lake, IL

Re: Hold On a $econd

ROFLMAO!

NJxxxJon
something good. or your mom.
Premium
join:2005-10-22
00000

My Thoughts

I still think there is undercover people trying to chat with me on fileshare service to throw and exe file my way to connect and get info on whats my computer. I occasaionly get questions online on chats - so I dont share.
--
x---------x
Hope for the BEST, EXPECT the worse!
blazecom

join:2005-12-05
Columbia, MO
·CenturyTel Inc.

GO MOM! LOL!

It is about time someone did something to this RETARDED "ASSociation" notice my emphasis... This is exactly why music costs so much now, because they want to make a dime everywhere and are not happy with free publicity.

Many people download music, then if they like the band they buy the CD....

Not to mention all of the "rights" money they get from movies/commercials.

They don't need any more money....

Chris
jerseyjoe123

join:2008-04-28
Picton, ON

The mafIAA is just out of control

I hope she nails the mafIAA to the wall!!

I think that this is the same woman whose children were targeted by the mafIAA, after she refused to allow their lawyers to question/interrogate her kids. One of the mafIAA lawyers actually called her 10 year old daughter's school, and tried to trick the school staff into letting them talk to the girl by claiming to be a family member.

That is lower than low, and goes to show that these morons need to be taken down.
Forums » RIAA Finally Pays Oregon Mom $108,000


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