A grandmother targeted by the RIAA for file-sharing is striking back at the controversial music industry association, arguing that it has knowingly engaged in "one or more overt acts of unlawful private investigation" to further its case.
It has now come to light that the case is taking a new turn, as Ms. Crain's attorney has filed a motion to amend their counterclaims to include new allegations against the RIAA and its investigative partners. According to court documents, Ms. Crain "has become aware upon information and belief that [the RIAA] have illegally employed unlicensed investigators in the State of Texas and used the information thereby obtained to file this and other similar actions across the country."
At the heart of the issue is a Texas law which says that investigations companies must be licensed in order to collect evidence that can be used in a court. According to court documents, Ms. Crain says that MediaSentry -- the company carrying out the investigations for the RIAA -- was aware of this requirement, both in Texas and in several other states, and ignored it. The counterclaims even suggest that the RIAA encouraged this arrangement.