I love the last sentence
(RIAA) has been very active in filing suits
and claiming damages on behalf of its members for illegally downloaded
music. But it’s taken on a Texas woman and suddenly finds itself with a
legal fight on its hands.
Rhonda Crain has filed a countersuit against the RIAA in the U.S. District Court for the Eastern District of Texas, Beaumont Division, claiming that Sony BMG Music Entertainment
and others in the Recording Industry Association of America lawsuit
illegally employed unlicensed investigators and were aware that they
were disregarding the laws of her state.
According to documents filed with the court, Crain claims that
when suit was filed against her, the plaintiffs had “agreed between
themselves and understood that unlicensed and unlawful investigations
would take place in order to provide evidence for this lawsuit, as well
as thousands of others as part of a mass litigation campaign. On
information and belief, the private investigations company hired by
plaintiffs engaged in one or more overt acts of unlawful private
investigation. Such actions constitute civil conspiracy under Texas
Crain also claims that she did not infringe on copyright-protected
music. Her lawyer, John Stoneham, has asserted that no-one contact her
before the original RIAA suit was filed, and that the only evidence
produced has been a screenshot of a peer-to-peer file sharing network
and Crain’s account status with her ISP, with no apparent connection
shown between the two.
Stoneham argues that the $115 million settlement file-sharing network Kazaa
has reached with the RIAA should cover all infringements, and that
plaintiffs are barred from recovering damages twice on the same alleged
Crain is seeking reimbursement for having to defend the suit. She
has asked the court to throw out the case, and to grant her “all other
relief as the court may deem equitable and proper including an award of
damages.” There was no comment from the RIAA.