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Another Victim Countersues RIAA Under RICO Act

devnulljapan is one of many users to let us know that another single mother is taking the fight to the RIAA. More than just standing up to them however, Tanya Anderson has decided to go on the offensive and countersue. In a move that aims to put the RIAA on the same level as your average organized crime syndicate the suit identifies violations of the Oregon RICO Act in addition to 'fraud, invasion of privacy, abuse of process, electronic trespass, violation of the Computer Fraud and Abuse Act, negligent misrepresentation, the tort of "outrage", and deceptive business practices.' Ms. Anderson has also demanded a trial by jury.

25 of 621 comments (clear)

  1. Boo! by BlindThePoodle · · Score: 4, Funny

    We're the RIAA. Boo!

    1. Re:Boo! by Anonymous Coward · · Score: 0, Funny

      :O

  2. Put them??? by Black+Parrot · · Score: 4, Funny

    > In a move that aims to put the RIAA on the same level as your average organized crime syndicate

    How can you 'put' something where it already is?

    --
    Sheesh, evil *and* a jerk. -- Jade
  3. As you can see Ms. Anderson by DrugCheese · · Score: 3, Funny

    we've had our eye on your for some time now.

    --
    *DrugCheese rants*
  4. Knuth, Justice and the American Way by Doc+Ruby · · Score: 5, Funny

    RICO should be easily recognized by programmers. A RICO crime is like an array of individual crimes. It's the more manageable collection structure, both for racketeers racking up crimes into organzied crime businesses, and for prosecutors targeting them with evidence of those crimes. It's like the inverse of a "class action suit", which itself should be familiar to object-oriented programmers. With the law reinventing various programming patterns, how long will it be before we can submit new laws to a "justice compiler" to test whether it will execute? Something like a lintian "constitutionality validator"?

    --

    --
    make install -not war

  5. Ouch. by Hawthorne01 · · Score: 4, Funny
    Between this, the whining re: shariing in iPod revenue, and the demands to raise iTunes Music Store prices, it's not a good week to be an RIAA exec.

    Like there's a GOOD week to be an RIAA exec. :)

    --
    "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."
  6. nine-digit IPs by netcrusher88 · · Score: 2, Funny
    From TFA:
    "she was identified with a nine digit code (an Internet Protocol Address ("IPA"))"
    I thought IP addresses were 12 digits... Someone call ICANN!
    --
    There's an old saying that says pretty much whatever you want it to.
  7. Next step is to send them a letter... by clambake · · Score: 4, Funny

    Offering the RIAA a chance to settle for only $6,000.

    1. Re:Next step is to send them a letter... by sk999 · · Score: 2, Funny
      Not quite - the next step is to set up a "Settlement Support Center", filled with greedy lawyers, to act as the collection agency.

      Then send the letter.

  8. Oy, Neo! by j!mmy+v. · · Score: 4, Funny

    RIAA Agent Smith: Tell me, Ms. Anderson... what good is a phone call...if you're unable to speak?

    //had to. shoot me now.

    --
    -- often wrong; never in doubt
  9. Re:You go girl!-was the RIAA letter like this? by Anonymous Coward · · Score: 2, Funny

    Dear Friend,

    RIAA

    I am Mr.Mitch Bainwol, Chairman And CEO, Recording Industry Association of America. I have an important business proposition for you.

    On October 02nd, 2005, a person using your internet connection downloaded "Enter Sandman" by Metallica from edonkey.com, valued at US$ 4,583 (Four Thousand Five Hundred and Eight Tree Dollars only) according to my collegue Mr Ran Dom Guess.

    It is no secret that the intellectual property assets of our nation are under assault, as never before. That is why we support S. 2560, an effective, bipartisan bill drafted by Senators Hatch and Leahy and introduced only a few weeks ago. Our bill... erm I mean their bill is aimed at ensuring the vibrancy of both our creative community and our technology community.

    I therefore made further investigation and discovered your contact details and that you did not pay for the music you download. The sum of US$ 4,583 is still waiting to arrive in my Bank and the interest is being rolled over with the principal sum at the end of each year. We will never stop coming forward to claim it. According to inheritance Laws that we are currently paying to have created, the money you owe will transfer to the debt ownership of any of your dependants upon your death whether this is due to us or some other fortunate reason. If it is due to us then we will add our costs onto our claim.

    Consequently, my proposal is that **YOU WILL PAY US NOW BITCH OR ELSE** so that the fruits of your theft will not get into the hands of some other corrupt music thief. This is simple, I will like you to provide immediately your full names and address and the full names and addresses of any of your friends so that the attorney will prepare the necessary documents and affidavits that will put you in place as the person who is paying us the US$ 4,583 owned.

    We shall employ the services of an attorney for drafting and notarization of your WILL and to obtain the necessary documents and letter of probate/administration in your favor for the transfer. The money will be paid into our account for us to share in the ratio of 60% for me and 5% for Metallica and 30% for Expenses Incurred in the course of our transaction .

    There is no risk at to us as all the paperwork for this transaction will be done your attorney at your cost and with my position as the CEO at RIAA guarantees the successful execution of this transaction. If you are interested in staying alive, please reply immediately to my private email box : mitchthemoneycollectingbitch@riaa.com

    Upon your response, I shall then provide you with more details and relevant documents that will help you how you can stay alive. You should observe utmost confidentiality, and rest assured that this transaction would be most
    profitable for us because I shall require your assistance to invest some of my share to further government bribes.

    Awaiting your urgent reply.

    Thanks sucker and regards.

    Mitch Bainwol

  10. Re:Yes I called it. It has ALL the attributes of R by larry+bagina · · Score: 1, Funny
    I know what you mean! The IRS did the same thing to me! I want to sue them for RICO!

    Tip: What the RIAA is doing is legal.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  11. Re:41 or 42? by PSVMOrnot · · Score: 2, Funny

    I'd go with 42; since, as sucsessfully proven by the corporation that publish the hitchhikers guide to the galax, beauty is truth and I consider 42 to be more aestheticly pleasing.

  12. The recording industry and RICO by panurge · · Score: 5, Funny
    Let me see
    • Well documented widespread use of drugs among execs and performers
    • Alleged extensive use of bribery to ensure air time
    • Women singers expected to look like prostitutes
    • Male performers expected to look like and behave like violent criminals
    • Large output of music advocating abuse of women, carrying and use of guns to settle disputes, drug taking and attacks on police.
    In what way are the members of the RIAA NOT like organised criminal and racketeers?
    --
    Panurge has posted for the last time. Thanks for the positive moderations.
    1. Re:The recording industry and RICO by interstellar_donkey · · Score: 2, Funny

      In what way are the members of the RIAA NOT like organised criminal and racketeers?

      Despite being criminals, people tend to respect mobsters. Not so for RIAA members.

      --
      The Internet is generally stupid
  13. Re:You go girl! by clambake · · Score: 4, Funny

    Don't pay. Contact the DoJ and tell the Cyber Crimes divsion that somone broke into your computer and is trying to extort money from you based on what they claim they found. Do it today!

  14. Re:Introductory sentence by KingSkippus · · Score: 2, Funny
    The RIAA is pure black nasty evil with absolutely no redeeming qualities. It is trying to crush entire Western civilization, nay, the entire world between its slavering jaws of DRM and DMCA, and swallow the shattered remains to be digested in its guts of greed alongside the poor victims whose personal fortune it has already taken by blackmail.

    Dude, don't you think that's a bit of an exaggeration?

    Nah, it sounds pretty much on the mark to me, too. Other than that, though, they're not so bad...

  15. Re:You go girl! by Landshark17 · · Score: 2, Funny

    Just make sure you dump all the illegal stuff off your hard-drive first:-)

    --
    This sig is false.
  16. Re:You go girl! by toddestan · · Score: 4, Funny

    I really do wonder how the hell they decide those sums.. do they use random number generators or something?

    Oh no. It's really quite simple. First of all, we have to determine how many equilivent tracks you have. To play a MP3 file back on a PC, you need atleast a Pentium 75Mhz. The typical home computer is about 2400Mhz. 2400 divided by 75 is 32. That means when you listen to a MP3 file on a typical home computer, it is equilivent to listening to it 32 times. Now, the Black album by Metallica has 12 tracks, and we have to assume you have all 12 tracks on your computer, so 32 times 12 is 384 equilvent tracks. Now, it is common for a computer to have two optical drives, so we must double that to 768 equilivent tracks because it is possible to have two burned copies of the song in the computer at the same time! But that's not all, surround sound setups are becoming more common. Most surround sound setups are 5.1 - that means whenever you play back the MP3 file it is coming out of no less than 6 speakers, so we have to multiply 768 by 6 to get 4608 equilivent tracks. Now, to convert those equilivent tracks to a dollar amount, we have to determine the market value of an equilivent track. Luckily, that is easy, as iTunes sells that very track for $0.99. $0.99*4608 is $4562. Now, we have to add in the retail value of the CD ($18), and the retail value of the CD single for the track ($3) - which brings the total up to $4583. I hope this clears things up a little.

  17. You are the one! by Spy+der+Mann · · Score: 4, Funny

    "Ms. Andersen, You've been living a double life. During the day, you're Ms. Andersen, a humble housewife. But during the night, you are known as gotenkito@kazaa.com, a peer to peer downloader. Only one of these lives, Ms. Andersen, has a future."

    Now it makes sense! Ms. Andersen is THE ONE! :D

    1. Re:You are the one! by Cylix · · Score: 3, Funny

      I know you're out there. I can feel you now. I know that you're afraid... afraid of us. You're afraid of change. I don't know the future. I didn't come here to tell you how this is going to end. I came here to tell how it's going to begin. I'm going to hang up this phone, and then show these people what you don't want them to see. I'm going to show them a world without you. A world without rules or controls, borders or boundaries. A world where anything is possible. Where we go from there is a choice I leave to you.

      Oh I had to do it...

      --
      "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
  18. Re:MP3.com sues lawfirm over "bad advice" by RobbieGee · · Score: 2, Funny

    A hundred and seventyfive dollars?!? The greedy BASTARDS!!

    Huh? Millions? Oh, never mind then.

    In any case, MP3Tunes.com was started by the same guy that founded the original mp3.com, who is also the owner of Linpro.

    --
    If you get this, we're 10 of a kind.
  19. Re:Introductory sentence by Mr.+Underbridge · · Score: 3, Funny

    Though it was, in this case, actually more accurate.

  20. Re:Entrepeneurial Warfare against the RIAA by billcopc · · Score: 2, Funny

    Start by finding an honest lawyer. ...

    Then find an honest banker. ...

    Well ? ...

    See, the futility of human nature is the reason we invented guns.

    --
    -Billco, Fnarg.com
  21. How do they know it's a real *.mp3 file? by Imazalil · · Score: 2, Funny

    Just curious, from personal experience half the stuff available on P2P networks now ends up being pr0n, no matter what one was actually trying to download. Does anyone know if the RIAA actually has to verify if the file is indeed a proper mp3? Could I just create goatse clips set to the proper file size and name them 'top40hitz.mp3' wait to get sued, and sue back for slander. Would I get to present goatse's ass as evidence in court?

    Im.