RIAA "can't run now"

Friday may mark a significant milestone in the RIAA's legal campaign against file-sharing, as it is the deadline for exonerated RIAA defendant Tanya Andersen to refile her malicious prosecution lawsuit against the record labels. Soon afterwards, discovery will begin, and all sorts of unsavory details about the RIAA's legal campaign against suspected file-sharers are likely to emerge.

Andersen is a single mother living in Oregon who was sued by the record labels in February 2005. She eventually filed a counterclaim against the RIAA, and when the labels voluntarily dismissed their case against her last June, she filed a malicious-prosecution lawsuit. In it, Andersen accuses the RIAA of fraud, racketeering, invasion of privacy, libel, slander, deceptive business practices, and violations of the Oregon state RICO Act.

Last month, a federal judge dismissed Andersen's original complaint, saying that she had "not adequately stated claims for relief," but gave her a one-month window to refile. Her attorney, Lory Lybeck, told Ars that he plans to file a new 80-page complaint tomorrow. "The focus of the amended complaint is essentially the sham litigation and abuse of the federal judiciary to operate this criminal enterprise that has harmed Tanya Andersen and thousands of other people," Lybeck said.

With a new complaint, the case is certain to move forward into the discovery phase, as the judge has told both sides that she would not entertain any further motions to dismiss this case. It's an uncomfortable place for the RIAA to be in.

The RIAA is likely to fight the discovery process tooth and nail, however, as the information that is unearthed could prove to be extremely embarrassing, if not problematic. "They've operated in this zone of secrecy for five years now, and we hope to put a stop to that," Lybeck stated emphatically, "because it will become obvious that their conduct is illegal an their whole scheme is flawed at its basic core."

The judge has barred further motions for dismissal, so unless the RIAA decides to settle—a move Lybeck believes is in the group's best interest—the case will proceed through discovery and to trial. Unlike the thousands of lawsuits filed so far, the RIAA does not have the luxury of walking away from this case if there's a real chance of embarrassing information being released. "Once discovery happens in the cases the RIAA brings, they run," Lybeck says. "This is our case now, and they can't run."

From Ars Technica.