NewYorkCountryLawyer's Journal: Class action complaint against RIAA available online

Recommended reading for all interested in the RIAA's litigation war against p2p file sharing is the amended class action complaint just filed in Oregon in Andersen v. Atlantic. This landmark 109-page document (pdf) tells both the general story of the RIAA's campaign against ordinary folks, and the specific story of its harassment of Tanya Andersen, and even of her young daughter. The complaint includes federal and state RICO claims, as well as other legal theories, and alleges that "The world's four major recording studios had devised an illegal enterprise intent on maintaining their virtually complete monopoly over the distribution of recorded music." The point has been made by one commentator that the RIAA won't be able to weasel its out of this one by simply withdrawing it; this one, they will have to answer for. If the relief requested in the complaint is granted, the RIAA's entire campaign will be shut down for good.

Slightly amazed and impressed

[andphi]

I've read the first dozen or so pages of the suit. I find myself amazed that I understand it and am learning things from it, at least by inference (for example, individual cases vs joinder vs class action suits and why one would file one kind of suit rather than the others). I honestly expected the suit to be written in incomprehensible legal jargon. This is much better.

But one point remains: does the word 'bogus' have a legally accepted definition?

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[NewYorkCountryLawyer]

I've read the first dozen or so pages of the suit. I find myself amazed that I understand it and am learning things from it, at least by inference (for example, individual cases vs joinder vs class action suits and why one would file one kind of suit rather than the others). I honestly expected the suit to be written in incomprehensible legal jargon. This is much better. But one point remains: does the word 'bogus' have a legally accepted definition?

No the word 'bogus' is not a legal term, but as you have observed, the early sections of the complaint are written in plain English rather than in "legal jargon".

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[Em Adespoton]

What impact does using vernacular have on conciseness and effectiveness once the complaint reaches the courtroom? I see it as having the positive attributes of being great for publication, for helping non-court individuals understand what is actually taking place and giving the plaintiff some maneuvering room, but it seems to me it has the negative attribute of giving the RIAA space to play with the wording themselves (both to sway court opinion and to twist legal meanings).

Do the benefits, in your (non-le

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[NewYorkCountryLawyer]

I personally have never drafted a 'vernacular' complaint; I'm not a fan of the practice. The RIAA and the MPAA love it.