Dirty Laundry

Posted on 5th August 2008

Perhaps unsurprisingly, I don't have a lot of respect for Record Companies these days. Once upon a time their founders and executives were people who had a passion for the music, and were more interested in investing and supporting their artists, with a view of the long haul. For some bands, such as The Rolling Stones, Led Zeppelin, U2 and many others, the rewards have been emmense for all concerned. However, since the mid-80s the major labels have bought each other out, or merged to the point we now have only 4 companies effectively deciding the future of the music industry in the US and Europe. None of the executives are in it for the music, and probably wouldn't even be able to name half of the artists they look after.

As such it is no surprise that the music sharing litigation debacles that has been lingering around for the last 8 years, are still going strong. In one case, Tanya Andersen was falsely accused by the RIAA of illegal file sharing. Now in most instances that story wouldn't make much of an impression. However, what came to light in this case is that the RIAA (and consequently the big 4 behind that organisation), were so determined to win the case they tried to contact Tanya's daughter, in order for her to confess of her mother's file sharing activities. Now bearing in mind the fact that Tanya's daughter is 8 years old, and that investigators had made several attempts to contact her daughter, including contacting her elementary school (primary school for UK readers), without Tanya's knowledge or permission, many would consider that intimidation.

Tanya's lawyers have now filed a suit for $5 million, for malicious prosecution, "alleging fraud, racketeering, and deceptive business practices by the record labels." I sincerely hope she wins the case, sending a message to all those ripping the credibility out of what was once a great music industry, that bullies and money grabbing tactics are not wanted here. If she wins, it could lead to a class-action suit, opening the floodgates for others who have also been falsely accused. In a recent update to the ongoing action, Tanya's lawyer was awarded $103,175 in legal fees following the dropping of the charges against Tanya. In another story it seems the tactics are now finally being investigated in North Carolina. If it's illegal for anyone to hack into a company computer, why do these record companies think it's legal to hack into an individual's computer? These aren't isolated stories either, there appear to be several cases that are taking on the RIAA.

I'm just hoping that the BPI are also paying attention to these cases, and don't follow the same bully-boy tactics after their attempts 2 years ago to get the ISPs to terminate accounts without evidence. With the recent announcement that ISPs are now going to signup to an agreement, I can see several customers becoming innocent victims. Hopefully some will be made aware of Tanya Andersen's case and follow a similar legal path.

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