Monday, June 25, 2007

Exonerated defendant sues RIAA for malicious prosecution

Disabled single mother takes the fight back to the RIAA!

From Arstechnica:

"We explored the possibility of charging the RIAA with malicious prosecution last month. Attorney Rich Vasquez of Morgan Miller Blair told Ars Technica that he believed the RIAA could be vulnerable to such charges, but it would be an uphill battle to make them stick. Still, the complaint paints a very unflattering picture of the RIAA and its agents engaging in activity that was in many cases questionable and unethical at best.The history of file-sharing litigation shows that Atlantic v. Andersen was not an isolated case of mistaken identity, and should Andersen get a favorable result here, other former defendants may follow her lead.

That could lead to a potentially very costly class-action suit against the RIAA. "You'd have to have a lot of winners," said Vasquez. "If you have enough people bringing charges of malicious prosecution, you could then show a pattern of practices on the part of the RIAA."The RIAA told Ars that it would have no comment on Andersen's lawsuit.

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