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RICO Suit Filed Against Skype Founders

Stitch_Surfs writes "Defendant Skype Technologies S A, Niklas Zennstrom, Janus Friis, Kazaa, Bluemoon Ou and a slew of others have been named in a Rico Suit Filed by StreamCast Networks, of Houston, Texas. StreamCast is the company credited with the development of the Peer to Peer Technology called Morpheus. From the little information the courts have released, StreamCast is claiming that the group engaged in corrupt business practices."

155 comments

  1. Racketeer Influenced and Corrupt Organization by Short+Circuit · · Score: 4, Informative

    So that's what RICO stands for...

    1. Re:Racketeer Influenced and Corrupt Organization by Nurseman · · Score: 1

      Can a private company file a RICO suit ? I thought that was a Govt charge ?

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    2. Re:Racketeer Influenced and Corrupt Organization by harmonica · · Score: 1

      IIRC that guy who sued Google for his Usenet postings recently also included a RICO charge.

    3. Re:Racketeer Influenced and Corrupt Organization by rigorist · · Score: 1

      RICO has both a criminal prong and a civil prong.

      I'd like to see the complaint itself. Most of them are pled incorrectly and get dismissed.

    4. Re:Racketeer Influenced and Corrupt Organization by hey! · · Score: 4, Informative

      Can a private company file a RICO suit ? I thought that was a Govt charge ?

      RICO allows private companies that have been damaged by criminal enterprises to bring suit. It's kind of like the False Claims Act, which essentially allows private individuals who have knowledge of defrauding of the Federal Government to become, in essence, civil law vigilantes.

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    5. Re:Racketeer Influenced and Corrupt Organization by Tim+C · · Score: 2, Interesting

      It's kind of like the False Claims Act, which essentially allows private individuals who have knowledge of defrauding of the Federal Government to become, in essence, civil law vigilantes.

      Technically, every citizen has a duty to uphold the law and to report any wrongdoings to the relevant authorities. The difference between a private citizen and a police officer is that the police do it as their job and have greater powers of arrest, etc. (Here in the UK at least, private citizens can make an arrest under certain circumstances - see for example the final paragraph of this article)

    6. Re:Racketeer Influenced and Corrupt Organization by aminorex · · Score: 1

      The same principles of common law apply in the U.S., as well. They've just be corrupted and co-opted with a Texas drawl instead of a Fraffly snoot.

      --
      -I like my women like I like my tea: green-
    7. Re:Racketeer Influenced and Corrupt Organization by HUADPE · · Score: 0
      Technically, every citizen has a duty to uphold the law and to report any wrongdoings to the relevant authorities.

      Not in the United States. Under US law (with some local exceptions), there is no requirement that an individual report a crime or help in any way to uphold the law. Except when you have a specific obligation to do something (like a police officer, or school offical), inaction is not a crime.

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    8. Re:Racketeer Influenced and Corrupt Organization by Anonymous Coward · · Score: 1, Informative

      Stop, you're making me hot.

    9. Re:Racketeer Influenced and Corrupt Organization by 'nother+poster · · Score: 1

      Hell, in the U.S., there's even a constitutional amendment aginst self incrimination, the fifth. You have no obligation to walk up to a law enforcement officer and go, "Excuse me, I just exceeded the speed limit. Please issue me a citation."

    10. Re:Racketeer Influenced and Corrupt Organization by identity0 · · Score: 1

      Just be glad it isn't some bizzare PR backronym like the PATRIOT ACT. How about "America Protected Proactively Like Eagles Protecting Innocent Eaglets" Act, or APPLE PIE for short.

      I bet congress would pass it without debate, just like they did for an obviously virtuous bill like the PATRIOT act. Whats the matter, are you against PATRIOTs, man?! What about APPLE PIE?!?!

      I swear, law and military op names have been getting more and more riduculous for years.

    11. Re:Racketeer Influenced and Corrupt Organization by AmericanInKiev · · Score: 1

      'except ... inaction is not a crime'

      IANAL however, at least one case shows that inaction is largely inactionable even if one is a law-enforcement official. I would challenge anyone to show where the failure of a government official to do their job is justification for anything more than being removed from office by voters, or perhaps a "mandate" from a court to do their job. I'm thinking of one precedent in which a shop owner, having been threatened for refusing to accept a return of merchandise (an engine block) called the police for protection - didn't get it - was subsequently killed - and his estate then sued the police for inaction - no dice. Anyone have a case which shows the opposite? - inaction leads to liability? (without personal benefit ie a bribe not to enforce drug laws)

      AIK

    12. Re:Racketeer Influenced and Corrupt Organization by blueday4 · · Score: 0

      "Except when you have a specific obligation to do something (like a police officer, or school offical), inaction is not a crime."

      That is the whole quote. Your example of police officers is specifically mentioned.

    13. Re:Racketeer Influenced and Corrupt Organization by Anonymous Coward · · Score: 2, Funny

      RICO: any act or threat involving murder, kidnapping, arson, robbery, bribery and copyright infringement.

      Question to people with a fragment of common sense left: what does not fit in?

      (To make things a bit easier for our US-American friends, I have emboldened the term.)

    14. Re:Racketeer Influenced and Corrupt Organization by AmericanInKiev · · Score: 1

      Just to be more clear _EVEN_ when you have a specific obligation to act - there appears to be very little force behind that obligation. The difference between "Even" and "Except" may justify a short trip to the dictionary here. It's very difficult to criminalize inaction - even for those entrusted to take action. School officials fail in many cases to educate children; police fail to uphold many laws.
      I'm just saying it's really difficult to force officials to uphold the law. If anyone has an example of forcing officials to act - I'd like to see it.

      AIK

    15. Re:Racketeer Influenced and Corrupt Organization by Thing+1 · · Score: 3, Insightful
      I swear, law and military op names have been getting more and more riduculous for years.

      Ridiculous to the informed, yes. Unfortunately, however, rather functional on the uninformed. Thus, their use. Which saddens me; third-world countries keep their populace uneducated because it helps the leaders defraud them.

      Holy shit, is that what the "No Child Left Behind" unfunded mandate was all about? Give props to education, but no financial support for it--so it looks like the government is doing something good, whereas they're really dumbing us down to be the next soldiers or oil field workers?

      --
      I feel fantastic, and I'm still alive.
    16. Re:Racketeer Influenced and Corrupt Organization by jtcm · · Score: 1
      Anyone have a case which shows the opposite? - inaction leads to liability? (without personal benefit ie a bribe not to enforce drug laws)

      I was sure there _had_ to be a case like that, so I spent a while digging around. The closest US case I could find is CANTON v. HARRIS, 489 U.S. 378 (1989).

      Canton v. Harris deals with the constitutional provision for medical care as part of Due Process clause of the 14th amendment. The policeman on duty had responsibilty for judging the arrested person's need for medical attention, and (incorrectly) did not provide it. The jury ruled that a "failure to train" the police staff properly resulted in municipal liability.

      SCOTUS upheld that "under Circuit precedent, a municipality is liable for failure to train its police force, where the plaintiff proves that the municipality acted recklessly, intentionally, or with gross negligence, and that the lack of training was so reckless or grossly negligent that deprivation of persons' constitutional rights was substantially certain to result."

      It seems like there must be a more clear-cut case of police inaction leading to liability in the US, but I can't find it...

      There's also a case in England that's probably closer to what you were looking for. The case, [1979] 467 3 W.L.R. REGINA v. DYTHAM, involves a uniformed, on-duty police officer who watched a man get beaten to death outside a nightclub, then left the scene without summoning help or providing assistance.

      --
      @ASP.NET's parent-teacher meeting: "Little Johnny.NET is very bright, but he doesn't play well with others."
    17. Re:Racketeer Influenced and Corrupt Organization by instarx · · Score: 1

      Ridiculous to the informed, yes. Unfortunately, however, rather functional on the uninformed.

      Unfortunately the trend has gotten worse in the past six years with the administration that "makes our own reality". Onerous and dreadful laws are usually given high sounding names for two reasons: 1. They make great sound bites on Fox News, and 2. for political reasons it makes it difficult for opponents to vote against them (they will hear they voted against clear skies, or education).

      Recent examples:

      USA Patriot Act - Who would vote against patriotism. It should have been called the Domestic Surveillance Act.

      No Child Left Behind - who wants to leave children behind? Should have been called the Federal National Student Testing Act.

      Clear Skies Initiative - who in the world would be against clear skies? Should have been called the New Source Review Cancellation Act, the EPA Nullification Act, or the Save My Business Buddies a Ton of Money Act.

    18. Re:Racketeer Influenced and Corrupt Organization by Syberghost · · Score: 1

      Holy shit, is that what the "No Child Left Behind" unfunded mandate was all about?

      When they're something the speaker disagrees with, they're called "unfunded mandates". When they're something the speaker agrees with, they're just called "laws".

      The same government that mandated that also lowered federal income taxes. Your people are spending more money in your state now. Use that increased income to meet the mandates.

    19. Re:Racketeer Influenced and Corrupt Organization by FuzzyDaddy · · Score: 1
      There was a particularly ugly case a few years back involving two college age men. One killed a little girl in a casino bathroom. The other one knew he was doing it, but didn't take any action to stop it, or report it afterwards. The second man was not prosecuted.

      Perhaps someone with a better memory can find a link to the story.

      --
      It's not wasting time, I'm educating myself.
    20. Re:Racketeer Influenced and Corrupt Organization by cptgrudge · · Score: 1

      Indecent exposure and lewd conduct?

      --
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    21. Re:Racketeer Influenced and Corrupt Organization by AK+Marc · · Score: 1

      When they're something the speaker disagrees with, they're called "unfunded mandates". When they're something the speaker agrees with, they're just called "laws".

      When they are blackmale that require that states spend more money or lose funding, they are unfunded mandates. Regardless of whether you like or dislike what the subject is, requirements of new expenses without increasing funding is an unfunded mandate.

    22. Re:Racketeer Influenced and Corrupt Organization by Syberghost · · Score: 1

      When they are blackmale that require that states spend more money or lose funding, they are unfunded mandates.

      No Child Left Behind didn't include anything that couldn't have been met with existing funds; school boards that chose not to cut unnecessary crap to pay for it did so by exactly that; choice.

      By the way, if you school had chosen to spend more money on teaching you grammar, and less on athletics, you might have noticed the grammatical errors in your own reply.

    23. Re:Racketeer Influenced and Corrupt Organization by AK+Marc · · Score: 1

      No Child Left Behind didn't include anything that couldn't have been met with existing funds;

      Yes, yes. It could all have been paid for with existing funds, after cuts. Which means that you have to pay more money to meet the standards.

      By the way, if you school had chosen to spend more money on teaching you grammar, and less on athletics, you might have noticed the grammatical errors in your own reply.

      Well, I think that if I'd have bothered to proofread it, I'd have caught the errors. Oh, and the public high school I went to spent $0 on athletics. Perhaps if you spent more time on logic, you'd have learned not to jump to conclusions, especially the ones that are quite incorrect.

    24. Re:Racketeer Influenced and Corrupt Organization by Thing+1 · · Score: 1
      Oh, and the public high school I went to spent $0 on athletics. Perhaps if you spent more time on logic, you'd have learned not to jump to conclusions [...]

      At our school we just had this mat... ;-)

      I don't know why the other poster a) disagrees with the term "unfunded mandate", or b) wants to pick a fight with you over your typing skills.

      We're in agreement: an "unfunded mandate" is a mandatory change which will cost money to meet; and, no additional money is being given to the party who must effect this change. Therefore, the people being told to change are also being told to pay for it.

      As to typo fights, he wasn't even specific. Something like, "What do you mean when you say 'speaker'? Do you mean, Speaker of the House? Or the poster?" And, "You're so funny, using 'if you school had chosen' to begin the sentence bashing someone else about grammar!" And, "The world is full of people whose English skills are sub-par. Does it enhance your experience to make fun of and pick fights with them? Do you pick fights with insects? Why not offer constructive criticism instead, like offer a correction instead of a barb?"

      But not everyone is worth listening to; hence moderation and the friend/foe system.

      --
      I feel fantastic, and I'm still alive.
    25. Re:Racketeer Influenced and Corrupt Organization by Syberghost · · Score: 1

      We're in agreement: an "unfunded mandate" is a mandatory change which will cost money to meet; and, no additional money is being given to the party who must effect this change.

      See, the addition of that word "additional" is what makes you look correct, to anyone not familiar with the subject.

      Federal funds are provided for education; No Child Left Behind merely places some restrictions on how those funds are spent, because they've been sadly misspent. It is not an unfunded mandate; it's just a mandate.

      The definition of unfunded mandate doesn't include that word "additional". That word changes the meaning immensely, making an objective political science term into a pejorative with the stroke of a semi-metaphorical pen.

    26. Re:Racketeer Influenced and Corrupt Organization by Syberghost · · Score: 1
      Since I doubt you'll do any research yourself, I took the liberty:

      http://answers.ed.gov/cgi-bin/education.cfg/php/en duser/std_adp.php?p_faqid=5&p_created=1095256275&p _sid=8NPbSC3i&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5 PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9MjAmcF9wcm9kcz0mcF 9jYXRzPTEsMCZwX3B2PSZwX2N2PTEuMTsyLnUwJnBfcGFnZT0x JnBfc2VhcmNoX3RleHQ9bm8gY2hpbGQgbGVmdCBiZWhpbmQ*&p _li=&p_topview=1

      Question

      Is No Child Left Behind adequately funded?

                  Answer

      Federal funding for K-12 education has actually increased dramatically since the passage of No Child Left Behind, with the funds targeted to communities with the largest concentrations of low-achieving and low-income students. For more information on K-12 education funding and the budget, including summaries of budgets, budget proposals and projected state tables, please see:

      http://www.ed.gov/about/overview/fed/10facts/index .html
      http://www.ed.gov/about/overview/budget/index.html ?src=gu
      http://www.ed.gov/about/overview/fed/role.html?src =ln

    27. Re:Racketeer Influenced and Corrupt Organization by Anonymous Coward · · Score: 0

      And look how well that's been working out down there...what else gives off the atmosphere of "organized crime" better than the Bush Administration?

    28. Re:Racketeer Influenced and Corrupt Organization by Thing+1 · · Score: 1
      The question that "increased dramatically" brings to mind is, how does this increase (in returning the state's tax dollars back to it) compare to the cost of living increase?

      It's cool that ED runs on a 2% overhead, though.

      --
      I feel fantastic, and I'm still alive.
  2. Yeah, right. by ScrewMaster · · Score: 1, Insightful

    Talk about the pot calling the kettle black.

    --
    The higher the technology, the sharper that two-edged sword.
  3. RICO is scary by tehpwn · · Score: 5, Funny

    It's quite scary that a group named Racketeer Influenced and Corrupt Organization is allowed to fill suit against honest companies!

    1. Re:RICO is scary by corrosive_nf · · Score: 4, Funny

      I cant tell if that is sarcasm or stupidity.

    2. Re:RICO is scary by 110010001000 · · Score: 1, Funny

      This is Slashdot. What do you think?

      In case anyone else was wondering, RICO is the name of the act that is the basis for the lawsuit. See http://www.ricoact.com/ for more information.

    3. Re:RICO is scary by Short+Circuit · · Score: 1

      Around here, it's probably a combination of the two, plus hot grits.

    4. Re:RICO is scary by dustwun · · Score: 1

      Option C: Statement made by someone FACING a RICO suit.

      What, Skype founders can't read slashdot too?

    5. Re:RICO is scary by aminorex · · Score: 1

      I think it's Rosanne Rosanna Danna.

      > "I can't tell if that is sarcasm or stupidity"

      I can't tell that there's a difference. Most people using sarcasm in these parts of the Known Universe seem to be doing it as a means of directing attention away from their stupidity.

      --
      -I like my women like I like my tea: green-
    6. Re:RICO is scary by mmarshall · · Score: 1

      ... or both.

    7. Re:RICO is scary by Guppy06 · · Score: 1

      As a frequent (ab)user of sarcasm, I can tell you confidently that all sarcasm is stupid.

    8. Re:RICO is scary by bloobloo · · Score: 1

      Yeah, sure it is.

    9. Re:RICO is scary by ThousandStars · · Score: 1

      That should be Slashdot's new motto.

  4. Pacer by Tester · · Score: 5, Insightful

    Can anyone with a Pacer account get the complaint full text ?

    1. Re:Pacer by evil+agent · · Score: 5, Insightful
      Good question. And here's another one:

      Can we please stop linking to these damn blogs. Especially ones that are nearly devoid of any useful info.

      --
      End transmission.
    2. Re:Pacer by Anonymous Coward · · Score: 0

      Indeed.. I'm not even sure how Slashdot expects people to have an intelligent discussion about it, when the article is lacking any real information. So far this thread consists of the expected "RICO Suave" remarks and tangent threads.

      But someones hit counter is cranking away right now, and that's what really counts.

    3. Re:Pacer by Anonymous Coward · · Score: 0
      Can anyone with a Pacer account get the complaint full text ?

      It's not worth $0.08 per page for you to sign up yourself?

    4. Re:Pacer by clydemaxwell · · Score: 1

      Not even a little bit.

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  5. Looking deeper by Anonymous Coward · · Score: 1

    I read the article, but I can't understand StreamCast's involvement.
    How would they have been harmed by the allegations, or what would they stand to gain from a conviction?

    1. Re:Looking deeper by jonbryce · · Score: 2, Informative

      The founders of Skype previously set up Kazaa, and ran it until they sold it to Sharman Networks.

      Streamcast started life as the largest alternative Napster network. When that was shut down by the courts, they launched a rebranded version of Kazaa.

      Kazaa a bit later on released a non-compatible version of their software which had the effect of kicking them off the network. Apparently they hadn't paid their bills for the use of the software, but Streamcast deny this.

      They then relaunched as a spyware infested version of Gnucleus, a Gnutella client, and subsequently as some other gnutella client which now supports other p2p networks as well.

      They have always denied that the advertising features in their software are spyware, but most people disagree with that.

  6. Query... by Illbay · · Score: 4, Interesting

    Is it possible that SteamCast is a surrogate for a larger organization or consortium?

    --
    Any technology distinguishable from magic is insufficiently advanced.
    1. Re:Query... by Anonymous Coward · · Score: 0

      IIRC, Zennstrom is haunted by RIAA too for creating Napster (or was it Kazaa?)

    2. Re:Query... by Anonymous Coward · · Score: 2, Funny

      Is it possible that SteamCast is a surrogate for a larger organization or consortium?

      Yes. That is possible.

  7. Is there a picture of PayPal when you look up RICO by Anonymous Coward · · Score: 1, Funny

    A picture is worth a thousand words...

  8. No way by wkitchen · · Score: 3, Insightful
    From the little information the courts have released, StreamCast is claiming that the group engaged in corrupt business practices.
    No way. The good folks at Skype would never engage in corrupt business practices
    1. Re:No way by mOOzilla · · Score: 0

      *GASP*

    2. Re:No way by MBCook · · Score: 2, Interesting
      I read a great piece on that whole debacle. I think it was in Forbes.

      They made that software Intel only when it didn't need to be. This was found out (much to no-one's surprise) and they looked terrible.

      But did it have to be that way?

      The article posited it this way. They should have made that same software, but only bundled it with Intel computers. They wouldn't offer it for download. Other people would find it and put it up for download and it would be discovered that the limit was there and it worked just fine on AMD processors when the limit was removed.

      At this point, Skype could say that they made it for Intel and not the general public, and that it was Intel only becuase that was all they tested it on (after all, they made it for Intel). They could then "test it" on AMD processors and release a version that let ANYONE do the 12 person conference a week later.

      By doing this, they wouldn't have looked like a bad guy, and may have earned some praise.

      Instead they looked like they sold out (which they did) and earned a lot of scorn.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    3. Re:No way by youroldbuddy · · Score: 1

      The Intel/Skype deal happened after the founders sold and left the company I think.

  9. RICO use and abuse by Anonymous Coward · · Score: 5, Informative
    RICO was ostensibly passed to help prosecutors go after mobsters. Mafia organizations were set up so that the guys running them could avoid personal responsibility for the corrupt actiosn of the organization itself, so prosectutors ended up always going after low-level guys, which wasn't right and wasn't productive. So they got RICO which would let them bust the top guys, even if the top guys were not directly involved in the corruption. Prosecutors would just have to show that the organization itself is corrupt.

    But now RICO gets used and abused for many other things. It is used to go after political groups (anti-abortion groups is one case I'm aware of). In this case it sounds like it is being used in a business dispute.

    I swear, if Congress keeps on passing laws that inadvertently (or otherwise) lets law enforcement get involved in what are civil business disputes, this country will be ruined. I was talking with an attorney a while ago who said that these days anyone who is a business leader should have a crim. def. attorney retained or available. There's no way law enforcement can help achieve a fair resolution of a business dispute by getting involved in it.

    ------------
    Contact management, calendar mangement, multiple timezones, sales automation

    1. Re:RICO use and abuse by LurkerXXX · · Score: 1
      But now RICO gets used and abused for many other things. It is used to go after political groups (anti-abortion groups is one case I'm aware of). In this case it sounds like it is being used in a business dispute.

      I swear, if Congress keeps on passing laws that inadvertently (or otherwise) lets law enforcement get involved in what are civil business disputes, this country will be ruined.

      So you think bombing and the shooting of people who work in abortion clinics are just civil business disputes? Encouragement of those activities is by anti-abortion groups on their websites etc, are definitely valid RICO cases.

    2. Re:RICO use and abuse by Anonymous Coward · · Score: 0

      ...this country will be ruined. I was talking with an attorney a while ago who said that these days anyone who is a business leader should have a crim. def. attorney retained or available...

      While I understand your point, it MIGHT have more to do with corrupt business practices because "that's what you have to do in business" is a widely held view.

    3. Re:RICO use and abuse by aminorex · · Score: 2, Insightful

      > If...this country will be ruined.

      You keep using that subjunctive mood. I do not think it means what you think it does. That horse already left the barn.

      --
      -I like my women like I like my tea: green-
    4. Re:RICO use and abuse by hunterx11 · · Score: 1, Insightful

      RICO used against people who aren't the mafia? I am shocked, shocked! Next you'll be telling me that they use the PATRIOT act against people who aren't terrorists!

      --
      English is easier said than done.
    5. Re:RICO use and abuse by Pollardito · · Score: 1
      I was talking with an attorney a while ago who said that these days anyone who is a business leader should have a crim. def. attorney retained or available.
      a lawyer that thinks that everyone should have a lawyer. does this guy have a name or can we just call him John Q Lawyer?
    6. Re:RICO use and abuse by fm6 · · Score: 1
      It certainly doesn't mean what you think it means, since that sentence doesn't use a subjunctive verb. If you want to play grammar nazi, you could insist that the statement is semanticly subjunctive, and that it's a grammatical error not to use a subjunctive verb (if congress continues -> if congress were to continue). Except that's absurdly unidiomatic, like most grammar nazi rules.

      High school English technicalities aside, the author is simply making a statement about the future consequence of current actions. Grammatically correct or not, his intent is quite clear. If you don't have a counterargument (I'd suggest one of your patent conspiracy theories), you're not helping things with grammatical nitpicking that most people don't care about and isn't correct in the first place.

    7. Re:RICO use and abuse by Khyber · · Score: 1

      Do they have to be gangsters to be a mafia? In this day and age, with the 'practices' of corporations and such, I'd well imagine quite a few companies count as Mafia. For an Example - Cricket Communications. (Yanno, those 'leave your home phone in your pocket' guys that give you unlimited local and text mesaging that sucks.) They're charging you five dollars to walk into their stores/authorized service dealers to pay your bill with CASH. That's a disadvantage of 'no service contracts.' Basically, they're trying to force you into opening a bank account or to obtain a credit card to pay your bill. Oh, and also, nowdays, companies are moving to the business model of chargng you for sending you a paper bill. Hrm, that doesn't sound right to me. You're charging me money for sending me a basic written receipt telling me what I owe you on services you rendered to me? I don't fucking think so.

      Sorry, I'm ranting. See, shit like this pisses me off. And the problem is nobody else will stand up to companies like this, thus giving the companies more incentive to abuse us. I swear, if Slashdot could effectively organize in every state, we'd possibly have a better country. The only thing I'd ask for, is for us to PLEASE EXPLAIN IN PLAIN ENGLISH to Joe Sixpack why this/that is good/bad. We all know that not everyone is as technically knowledgable as we are. C'mon, guys. Nearly a million of us, all from assorted (yet intrinsically related) fields, could educate or at the very least inform the public. I'm sure most of us know at least 15-20 people that nobody else in our web knows. We could inform/educate these people, and have them spread the word about good/bad things. Remember, people, word of mouth is very powerful if you do it the right way. 1 million people educating 15-20 others per person in our collective = 1,500-2,000% boost in knowledgable people (no guarantees on how well those people grasp the concepts or ideals or facts, that's a different variable in the statistic I'm creating) that can have an effect on our system. And if they can teach others as well, we can expect that boost to substantially increase. I'd think it would only take a few years for word of mouth to hit every American and open up those closed minds.

      Damn, I'm running off at the mouth here. Okay, enough. Sorry, guys.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    8. Re:RICO use and abuse by karuna · · Score: 1

      Cricket Communications is nothing like Mafia. Who cannot open a bank account nowadays? I see the ads everywhere (in Spanish) that even illegal immigrants with only a foreign id can get a free checking account with zero balance and no monthly fees whatsoever. If you get paid under the table and do not pay taxes then you have a reason to avoid banks.

      As for paper bills these things cost money and ultimately the costs are put on customers anyway. Since I don't need any piece of paper to pay my bill as I can pay it on the web and I would prefer not to subsidize those who are still stuck with the old way of doing things if it means that I can save money in this way.

      I actually had a Cricket phone for a few months but then I had to move and there was no service at the new place. I simply called Cricket and canceled the service without any penalty whereas with any other cell phone contract I would had to pay at least $200 penalty for prematurely breaking the contract.

    9. Re:RICO use and abuse by AmericanInKiev · · Score: 1

      RICO is a free spin on the triple-your-reward wheel. It's almost irresponsible for a lawyer to fail to include RICO in a complaint if it is possible to meet the conditions (interstate trade / multiple people / continuing pattern of activity) and leave it to the court to turn down the triple reward.

      Given the business (interstate phone calls) there's your first hint. "Enterprize" is a slam dunk, and continuing enterprise is self-evident. The trick is to prove unlawful activity - which has yet to be explained.

      AIK

    10. Re:RICO use and abuse by hunterx11 · · Score: 1

      I'm all for more corporate accountability. The problem is that this law gives rather broad powers, and only passed because lawmakers assured everyone that it would only be used to fight organized crime. My point is that every time the government claims that they will exercise discretion when given broad power, they are deliberately and maliciously lying. One cannot honestly support any power being given to government on the pretense that it will only be used in the citizens' best interest; one must assume that it will be abused as heavily as possible, and therefore only support an amount of power appropriate under such an assumption.

      --
      English is easier said than done.
    11. Re:RICO use and abuse by Khyber · · Score: 1

      You see no reason not to open a bank account? I have one really big one, called the IRS. That money under the table collecting interest in a bank account is of great interest to them, and they're going to want a cut of it. Having tried that and having been audited by them at an early age of 20, I can safely assure you they're watching it all the time.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    12. Re:RICO use and abuse by mpe · · Score: 1

      RICO was ostensibly passed to help prosecutors go after mobsters.

      Of course politicans always tell the whole truth...

      Mafia organizations were set up so that the guys running them could avoid personal responsibility for the corrupt actiosn of the organization itself, so prosectutors ended up always going after low-level guys, which wasn't right and wasn't productive.

      Hardly a situation unique to the Mafia.

      So they got RICO which would let them bust the top guys, even if the top guys were not directly involved in the corruption. Prosecutors would just have to show that the organization itself is corrupt.

      Yet this didn't happen with Enron and isn't happening with SCO or Microsoft.

      But now RICO gets used and abused for many other things.

      Just as significent dosn't get used in situations where it appears more applicable.

      It is used to go after political groups (anti-abortion groups is one case I'm aware of).

      In the case of anti-abortion (and "animal rights") groups anti-terrorism legislation may be more applicable. But this is another type of law where the application appears to depend more on political whim than the actual case.

    13. Re:RICO use and abuse by aminorex · · Score: 1

      Evidently I've got a nemesis. I'm sorry to see that he/she just doesn't have the horsepower to pass the bar for "arch" status, however.

      --
      -I like my women like I like my tea: green-
    14. Re:RICO use and abuse by fm6 · · Score: 1

      Dude, you're not exactly Professor Moriarity.

  10. Well said! by bobalu · · Score: 3, Interesting

    Exactly right, it was originally intended to recover $$$ salted away in mob compounds on Long Island.

    Now they'll use it against kids opening a lemonade stand if they feel like it.

    --
    The revolution will NOT be televised.
  11. Rico? by sootman · · Score: 3, Funny

    Suave!

    --
    Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  12. Re:RICO use and abuse - Or Not by Nom+du+Keyboard · · Score: 4, Informative
    It is used to go after political groups (anti-abortion groups is one case I'm aware of).

    I'm not sure that qualifies as abuse of the act. An organized group of people (Operation Rescue) attempting to extort legal businesses (abortion clinics) into either changing or closing entirely through threats (see what is on some of their websites), intimidation (in-your-face confrontations directly in front of clinics), and violence (bombings and beatings tacitly accepted as part of the struggle), simply because their view isn't your view (First Amendment issue of everyone, including clinics have rights to free speech and association and freedom from religion)...

    Yeah, IANAL, but I'd call that a valid RICO case.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  13. that's hard to believe. by CFD339 · · Score: 1

    The idea of reading a great piece on anything in Forbes leaves me a bit suspicious. That could just be because they keep letting Dan Lyons write for them.

    http://wiki.vowe.org/DanLyons

    --
    The problem with quotes on the internet, is that nobody bothers to check their veracity. -- Abraham Lincoln
    1. Re:that's hard to believe. by MBCook · · Score: 1
      I subscribe to Forbes. It is a fantastic magazine. The writing is insightful and well written (targeted at an adult, not a 7th grade reading level). It's often very interesting, informative, and has quickly become my favorite magazine.

      Every magazine seems to have someone odd working there. Don't judge the magazine based on one opinion columnist.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    2. Re:that's hard to believe. by Karma+Farmer · · Score: 3, Interesting

      I stopped reading it after the old man died and it turned into a mouthpiece for Steve's celebration of unearned wealth.

      If it's been turned around again into a real magazine, that would be wonderful. It would have been a shame to see a great magazine run into the ground by a giant douchebag like Steve Forbes.

  14. Only Skype? by anonymous22 · · Score: 2, Interesting

    This is interesting. Also listed as defendants are other companies that seem to have nothing to do with each other, ie Kazaa, Brilliant Digital Entertainment, etc. Anyone?

    --
    Anyone who runs is V.C. Anyone who stands still is well-disciplined V.C.
    Door Gunner, Full Metal Jacket
    1. Re:Only Skype? by Anonymous Coward · · Score: 0

      Kazaa = Kazaa. BDE = Altnet, which piggy-backed onto Kazaa. Skype = people who were involved in Kazaa at one point.

    2. Re:Only Skype? by WoodieR · · Score: 1

      virus writers and computer hijackers - RICO for sure ...

      --
      Question Authority before IT questions You ...
    3. Re:Only Skype? by BillX · · Score: 1

      According to Beryllium Sphere's PDF link,

      http://yro.slashdot.org/comments.pl?sid=181331&thr eshold=1&commentsort=0&mode=thread&pid=14998381#15 000610

      it sounds like they're claiming their FastTrack P2P technology got ripped off, passed through a number of hands and eventually wound up in Skype. The who invocation of RICO is because all these P2P guys are trying to evade responsibility for Evil P2P by their usual chains of shell companies and foreign business addresses, and the plaintiffs want to blow through the web of shell companies and go after the founders directly.

      --
      Caveat Emptor is not a business model.
  15. Can RICO Act be used against the RIAA? by Anonymous Coward · · Score: 2, Funny

    Racketeer Influenced and Corrupt Organization

    Wow! I didn't know that.

    Can't this Act be used against the RIAA? Protection rackets seem to be exactly what RICO is about.

    1. Re:Can RICO Act be used against the RIAA? by watanuki · · Score: 1
      Can't this Act be used against the RIAA?

      Somebody already did.

  16. Far as I can tell by Anonymous Coward · · Score: 0

    StreamCast is effectively filing suit for Conspiracy to Outcompete Streamcast.

    I think it's kind of like the SCO suit, except instead of suing former business partners, they're suing competitors.

    Hey, maybe we'll see otherwise when the complaints show up, but for now, I doubt it.

  17. Re:RICO use and abuse - Or Not by Brian_Ellenberger · · Score: 2, Insightful
    I'm not sure that qualifies as abuse of the act. An organized group of people (Operation Rescue) attempting to extort legal businesses (abortion clinics) into either changing or closing entirely through threats (see what is on some of their websites), intimidation (in-your-face confrontations directly in front of clinics), and violence (bombings and beatings tacitly accepted as part of the struggle), simply because their view isn't your view (First Amendment issue of everyone, including clinics have rights to free speech and association and freedom from religion)...

    1) Violence is NOT tacitly accepted. That is a complete and utter distortion. There have been many more acts of violence committed by environmental groups for their cause. Yet noone is charging Greenpeace and PETA with RICO suits. Not to mention unions, who have a history of being linked with violence and ironically the mob.
    2) If in-your-face confrontations were "illegal" you would pretty much ban most union strikes as well as any other demonstration outside of a company that attempted to get a company to "change". Martin Luther King Jr would have been arrested for Racketeering.
    3) Clinics have the right to free speech and association, but they don't have the right to limit others' free speech and association rights. Of course, private property rights do exist and protesters should be arrested if they violate these.
    4) Threats, if real and physical should lead to arrests. REAL arrests, not RICO suits. But telling someone they are evil and going to hell for supporting abortion is not a real threat.

  18. Morpheus is still around? by assassinator42 · · Score: 1

    What is it now? Still pretty much a branding of Gnucleus, or something else? Do they really not have spyware? And I liked them better when they just ran their Music City servers. Or even the spyware-less Kazaa.

  19. Re:RICO use and abuse - Or Not by kfg · · Score: 1

    But telling someone they are evil and going to hell for supporting abortion is not a real threat.

    Exactly.

    KFG

  20. Well, DUH! Skype is slang for steal by Anonymous Coward · · Score: 0



    Well, DUH! Skype is slang for steal. Being commies, that's something entirely related.

  21. Re:RICO use and abuse - Or Not by slughead · · Score: 1

    I'm not sure finding people guilty by whom they choose to associate with is legal.

    Last time I checked, it unconstitutional to prohibit people from peacably assembling.

    With this RICO act, you could be procecuted simply by showing up at a meeting and being seen by an FBI agent who is now allowed to monitor the proceedings without a warrant (also unconstitutional).

    Isn't it funny how these things compound? The government makes booze illegal, a black market forms, then they have to make further laws to combat the new problems they just created. In the end, we might have been better off not having any laws on the subject in the first place. One of those great economists (probably Freedman) once said that Statism and Libertarianism work, but any step towards statism will lead to total statism, simply because anything in between doesn't work.

  22. BULLSHIT MODERATION by Anonymous Coward · · Score: 0

    offtopic? the hell it is...dumbass mods

  23. RICO in a nutshell by aws910 · · Score: 4, Informative

    Here's your better link. From info in TFA and here, it looks like Streamcast is alleging that Skype(and others) did one(or more) of many things:

    a. use an enterprise to launder money generated by a pattern of racketeering activity

    b. a victim business owner cannot make payments to a loan shark; upon default, the loan shark says: "you're either going to die or you're going to give me your business." Given the threat to this life, the victim transfers control of his business to the loan shark. Usually, the victim business owner remains the owner on paper but the loan shark controls the business and receives all income from the business. Thus, the loan shark has acquired and maintained interest or control over an enterprise (i.e. the business) through a pattern of racketeering (i.e., loan sharking and extortion).

    c. [Streamcast] has been injured by reason of the defendants' investment of the proceeds of racketeering activity / (1) a defendant person[Skype] (2) was employed by or associated with an enterprise (3) that engaged in or affected interstate commerce and that (4) the defendant person operated or managed the enterprise (5) through a pattern (6) of racketeering activity, and (7) the plaintiff[Streamcast] was injured in its business or property by reason of the pattern of racketeering activity.

    1. Re:RICO in a nutshell by Anonymous Coward · · Score: 0

      So in other words, it's a typical Swedish dot-com.

  24. Re:RICO use and abuse - Or Not by Anonymous Coward · · Score: 1, Funny

    Actually, telling someone they are going to hell is a threat. But I am glad you don't think it is. It makes the following hypothetical statements purely academic. I hope you go to hell when you die, since you support murdering doctors. I wish for you a short life, since you support murdering women by forcing them to continue medically-unsafe pregnancies. But, please, please, don't consider any of the above a threat. It's not. Really, it's not.

    Exactly.

  25. Hmm... by Anonymous Coward · · Score: 0

    TFA seems to lack anything that would give us hints about the reason towards this... so I can only speculate... but I remember back when the FastTrack p2p network was invented, and then licensed to KaZaA, Morpheus and Grokster. You may recall that all three programs had the exact same UI and functionality for a while, and only the ads and splash screen were different. I think the Skype founders had something to do with the preliminary invention of FastTrack, but not necessarily the spyware that became KaZaA (they got out before that point).

    There were headlines a while back, though, about how Morpheus got kicked off FastTrack somehow, for apparently no good reason (guess: they were getting more popular than KaZaA) and they were bitter about it. Maybe they still are, and that's what this is about.

  26. Racketeering? Extorsion? by joeme1 · · Score: 1, Funny

    Is that like when you drop loved ones off or pick them up at the airport and have to go inside the building for about half an hour? You CAN'T park in front of the airport, you are FORCED to park in their lot at high $/minute rates. See, even the government is involved in this dispicable practice. I gues I could just kick my wife out the door of the car and keep rolling...

    1. Re:Racketeering? Extorsion? by Anonymous Coward · · Score: 0

      Or stop at the front of the terminal... and let her out? Wife beater.

  27. Re:RICO use and abuse - Or Not by Anonymous Coward · · Score: 1, Insightful

    FYI this act has been used agains fringe groups in the pro-life movement that attempt to close clinics through inimidation of their patients. usually they can prove that a group is organizing a blockade of the clinic doors. this is illegal. they are not going after protesters, rather people who think that their rights to free speech include barring enterence to a health provider. if this is your idea of acceptable protest, that is messed up.

  28. Re:RICO use and abuse - Or Not by Solandri · · Score: 2, Informative
    I'm not sure that qualifies as abuse of the act. An organized group of people (Operation Rescue) attempting to extort legal businesses (abortion clinics) into either changing or closing entirely through threats (see what is on some of their websites), intimidation (in-your-face confrontations directly in front of clinics), and violence (bombings and beatings tacitly accepted as part of the struggle)

    A good way to determine if your argument is logically sound is to replace the subject with something you personally feel differently about. Let's try that, switching anti-abortion with, say, environmentalism:

    "I'm not sure that qualifies as abuse of the act. An organized group of people (Greenpeace) attempting to extort legal businesses (oil companies) into either changing or closing entirely through threats (see what is on some of their websites), intimidation (in-your-face confrontations directly in front of oil refineries), and violence (bombings and beatings tacitly accepted as part of the struggle),"

    Or entertainment:

    "I'm not sure that qualifies as abuse of the act. An organized group of people (slashdot) attempting to extort legal businesses (record companies) into either changing or closing entirely through threats (see what is on some of their websites), intimidation (in-your-face confrontations directly in front of court houses), and violence (bombings and beatings tacitly accepted as part of the struggle),"

    Aside from the violence bit in the latter, I'd say this fails the test pretty miserably.

    simply because their view isn't your view (First Amendment issue of everyone, including clinics have rights to free speech and association and freedom from religion)...

    Companies, including clinics, don't have First Amendment rights (aside from a limited subset given to "artificial persons"). One cannot on the one hand declare that corporations are evil and aren't entitled to any of the protections provided to people, then on the other hand claim a company's rights exceed individuals' rights when you happen to disagree with the individuals protesting. "I disagree with what you say, but will defend to the death your right to say it" means what it says. Once you start picking and choosing who qualifies for those rights, you're no longer operating on priciple, you're operating on political opinion.

  29. I-K-RICO by lohphat · · Score: 2, Insightful

    What's the point of the RICO statutes if it's randomly enforced?

    The Catholic Church knowingly traffiked paedophiles interstate and internationally. Why wasn't it invoked then?

    1. Re:I-K-RICO by SierraPete · · Score: 2, Informative

      It has been tried as far back as 2002 with little to no success. The US Federal Courts set a very high standard when it comes to tagging an organization with RICO. Even the mob managed to get out from under a prosecution or two because it did not met the strict standard. Likely, neither will this but it gets the issue/complaint out into the media and the publicity/attention is what the plaintiffs are looking for.

      --
      Starting next week, all passwords will be entered in Morse code
    2. Re:I-K-RICO by tomcres · · Score: 2, Informative
      Because administratively, these matters do not rise above the diocesan level. It comes down to either bad bishops or otherwise good bishops making bad decisions. There has been a lot of hysteria about this. The real facts are that there are only a handful of cases, it's not rampant as the media would have you believe. And secondly, almost all of the cases involved teenage boys, which seems to point not to pedophilia, but to homosexual attraction. Proactively preventing homosexuals from entering the seminaries will go a long way towards abating this. I personally know a priest who was defrocked and served jail time for a relationship he had with a 14-year old boy. In his case, he was involved in a relationship with the principal of his Catholic high school. He was going to be a priest, and he was told by this other priest that this is what priests do and that it was alright. When he went through seminary, there were many homosexuals, who kept things on the DL, so to speak, but it was known what was happening, and simply ignored. He understands that this was poor judgment to get involved with this boy, and he knew it was wrong, but he was conditioned to such an environment that encouraged these kinds of things.

      The anti-Catholics want to have it both ways. They either label it pedophilia, when it clearly is not. These priests have been targeting teenagers, not little boys, and almost never girls. Or they do acknowledge that homosexuality is to blame, but they attribute it to celibacy and the Church's dogma against homosexual behavior and denounce the Church for not allowing priests to marry or live a homosexual lifestyle.

      The enemies of the Church will spin this a million ways to try to attack it or make it conform to what they envision. The reality is, that far more children are at risk by their own families and teachers than by their parish priest. The hysteria concerning the supposed "pedophilia epidemic" is just an orchestrated attack on the Church and its steadfastness in holding to 2000+ years of Gospel teaching without flinching in the face of a sinful and disgusting world.

    3. Re:I-K-RICO by Anonymous Coward · · Score: 0
      Because administratively, these matters do not rise above the diocesan level. It comes down to either bad bishops or otherwise good bishops making bad decisions. There has been a lot of hysteria about this. The real facts are that there are only a handful of cases, it's not rampant as the media would have you believe. And secondly, almost all of the cases involved teenage boys, which seems to point not to pedophilia, but to homosexual attraction. Proactively preventing homosexuals from entering the seminaries will go a long way towards abating this. I personally know a priest who was defrocked and served jail time for a relationship he had with a 14-year old boy. In his case, he was involved in a relationship with the principal of his Catholic high school. He was going to be a priest, and he was told by this other priest that this is what priests do and that it was alright. When he went through seminary, there were many homosexuals, who kept things on the DL, so to speak, but it was known what was happening, and simply ignored. He understands that this was poor judgment to get involved with this boy, and he knew it was wrong, but he was conditioned to such an environment that encouraged these kinds of things.


      How do you know they do not rise above the diocesan level?

      You don't. I live in Southern Ohio and we've got some of these sick bastards running around. It certainly appears from the outside that the problem is endemic in the US branch of the church and that nothing had been done until things went public. Personally I love how the church is hemorrhaging members and how it is heading toward bankruptcy. The church had a chance to do the right thing and take the bull by the horns, and it didn't.. now it gets to pay the price.

      Here's a start in my neck of the woods. A little googling and things get even more interesting. In most cases the only thing bailing these people out is the statute of limitations. A little quality time in maximum security for one or two of them with Bubba would likely make the rest of them straighten up rather quickly.
    4. Re:I-K-RICO by lohphat · · Score: 1

      > They either label it pedophilia, when it clearly is not.

      Oh. What age it it considerd paedophilia then? It's at least statutory rape. That's much better.

      > Proactively preventing homosexuals from entering [edit point intentional]

      That's working so well for the military nowadays. How do you test for Teh Ghey? Cher or Streisand CDs? Snappy dressers? Good cooks? Drives a Boxter? Prime time TV series?

      > 2000+ years of Gospel teaching without flinching in the face of a sinful and disgusting world.

      Tell it to Galileo, Jews, and the Native Americans. I think they have a different view on the matter.

      > I personally know a priest who was defrocked and served jail time for a relationship he had with a 14-year old boy.

      That would be paedophilia if you were still unclear about that.

  30. Re:RICO use and abuse - Or Not - Wrong is Wrong!!! by Nom+du+Keyboard · · Score: 1
    good way to determine if your argument is logically sound is to replace the subject with something you personally feel differently about. Let's try that, switching anti-abortion with, say, environmentalism:

    Guess what? You're wrong!

    If Greenpeace is supporting ELF (Earth Liberation Front, a designated terrorist group), or their illegal tactics, with money, or even silence where they know of the lawbreakers, send them to jail!

    If PETA is funding the ALF (Animal Liberation Front, also a terrorist group), take away their tax exemption and send them to the same jail cell as Greenpeace. Just don't stop their campaign of beautiful models and actresses proclaiming I'd Rather Go Naked Than Wear Fur from getting up close and personal with my face.

    And if Slashdot readers are funding and protecting people bombing the lawyer's offices who are conducting the RIAA's Sue 'Em All campaign against P2P file sharers (as much as they may deserve it), you won't have my support when they're arrested. Maybe they can share a jail cell with the beautiful models and actresses from PETA.

    I am not a hypocrite in my views, as apparently you are to have made such a post in the first place. If it's wrong, then it's wrong no matter who is doing it.

    The right way is the ballot box. That's how we make changes in society. And just because we have voters dumb enough to inflict Ted Kennedy on the rest of us over and over again, only means that we, the voters, need to get smarter about all this.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  31. Re:RICO use and abuse - Or Not by kfg · · Score: 1

    I hope you go to hell when you die, since you support murdering doctors.

    What the fuck are you talking about?

    KFG

  32. correction by hyperstation · · Score: 1

    morpheus isn't a "technology", it's a crappy adware app.

  33. Re:RICO use and abuse - Or Not by Anonymous Coward · · Score: 0

    Violence is NOT tacitly accepted. That is a complete and utter distortion.

    That's funny, you don't see these groups outing the people who blew up abortion clinics in the past do you? We've got a Planned Parenthood near here that had two bullets put in its front window a couple of years back, never solved.

    Oh, but you don't advocate violence. Just like all those Muslims that sat around mumbling something about "what a shame" while hundreds of thousands of their believers rioted.

  34. Re:RICO use and abuse - Or Not by Guppy06 · · Score: 1

    "Last time I checked, it unconstitutional to prohibit people from peacably assembling."

    Conspiring to kill somebody doesn't strike me as "peacable."

  35. Re:RICO use and abuse - Or Not by bigpicture · · Score: 1

    I don't think that any of this is about free speech. In a ideal world businesses would financially compete for market share in a fair market environment. If something upsets that balance such as a monopoly, that can in some way because of market position, extort money from others, or otherwise tilt the playing field, in real terms how different is this from kidnapping and blackmail. It does not have to be overt in appearance, it can be covert in appearance, but the result is the same.

    Is the purpose of a corporation to (1) make money for the shareholders, or to (2) produce high quality competitively prices goods and services in the consumer marketplace? No. (2) is the only real benefit to the world at large. But don't you think that if corporations could achieve No. (1) without having to make the effort for No. (2), that they would not do that.

    It is about time someone woke up to this reality, even so called patents are just legal license to extort and blackmail, and if they make patents "first to file" instead of "first to invent" like it is now, then they have upped the extort capability by disabling challenge under "prior art". Maybe RICO is supposed to stop some of this madness.

  36. Re:RICO use and abuse - Or Not - Wrong is Wrong!!! by kthejoker · · Score: 3, Interesting

    To add to this, RICO is designed to go after organizations that have IRS filings, be they corporate or NPO. So the users of Slashdot would not constitute a RICO act, because we are merely a loose affiliation of (possible) confederates. And since Slashdot site owners are pretty much hands-off on any sort of endorsements of activity on the site, they will never be charged with RICO for encouraging piracy or civil disobedience or what have you.

    If the PETA officially sanctioned or condoned civil disobedience (or outright wanton criminal activity), they would be charged under the RICO. But the official front of PETA is very much just "don't you feel sorry for the animals?", and rarely extends into the "do something about it" beyond "stop buying the following companies' products." They never suggest that illegal activities which result in increased animal freedom or animal rights are a good thing. They never applaud ALF (officially and publicly), because to do so would constitute a RICO violation.

    Whereas Operation Rescue actively promotes civil disobedience and the illegal protests of abortion clinics (and uses funds to do so, in the form of printing literature and maintaining websites), so they are a RICO violator. End of discussion.

    Skype would have to do the same thing under an official front. There would have to be evidence that the corporate officers - acting as such (and not as rogue agents) - encouraged some illegal activity and that Skype, directly or indirectly, provided the money to do so through corporate channels, and that this activity directly hurts StreamCast's business ventures.

    My guess here is that Skype will be able to demonstate enough plausible deniability to avoid a RICO conviction. With most criminal RICO stuff, the money trails and the linking evidence (phone calls, emails, meetings) are all recorded and filed under valid search warrants, and the cases are usually very clear-cut before they go to trial. With civil RICO, you are essentially accusing first based on gut instinct (and perhaps you "know" that they did it, but you don't know the gory details), and then attempting through legal discovery to prove it. Which, needless to say, is hard to do.

  37. Eating their own young by Alien54 · · Score: 1
    It has been said that in the field of UFOlogy, of all things, that they eat their own young. A strange reference, from a strange field. But what does it mean?

    In this context, it means that in that field, when someone becomes something of a celebrity, for one reason or another, many, if not all of the other celebs and bloggers, etc. in the field have a tendency to gang up on the new comer. If someone is succesful, the others sabotage him as they can. Flame wars and other forms of infighting are routine. The field never really gains respect, because, to one degree or another, they are off their rockers, and tear each other down.

    The phrase seems to be applicable to the arena of internet companies. Or is beginning to. But your milage will vary.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:Eating their own young by flosofl · · Score: 1

      The field never really gains respect, because, to one degree or another, they are off their rockers, and tear each other down.

      Well, yeah. And the fact that there's not one single shred of evidence to back any of the "UFOlogist's" claims might have a little bearing, also.

      BTW, What the hell is UFOlogy? Is that a non-field of study like crypto-zoology?

      --
      "This calls for a very special blend of psychology and extreme violence" - Vyvyan "The Young Ones"
    2. Re:Eating their own young by Alien54 · · Score: 1
      they are off their rockers,

      That should cover it, although there is this recent comment from a former canadian defense minister

      : Former Canadian Defense Minister Paul Hellyer stated flatly in a speech in Toronto on September 25 that UFOs are not only real but that "current and past US activities risk "intergalactic war." Hellyer, Canada's Defense Minister from 1963-67, said, "UFOs, are as real as the airplanes that fly over your head."

      He then went on to say that the current US effort to create a permanent moon base was to give American forces a better means of tracking and possibly shooting at UFOs, and that "the consequences might be of starting an intergalactic war."

      Of course, he would have no expertise whatsoever on the matter. And he could be a major league kook.

      Take your pick

      This might even count as a single shred

      --
      "It is a greater offense to steal men's labor, than their clothes"
  38. Oblig. Gangster Quote by cyphercell · · Score: 2, Funny

    Mother of God, is this the end of Rico?

    --
    Under the influence of Post-Cyberpunk Gonzo Journalism
  39. What on earth are you talking about? by Anonymous Coward · · Score: 0

    I don't see anyone here trashing skype except you.

    I also don't see anyone being moderated down for bashing anything, but I do see you, who are being moderated up for bashing slashdot.

    Funny how that works.

    1. Re:What on earth are you talking about? by Heembo · · Score: 1

      Oh get over yourself, I was just kidding around. Its funny I got modded as "interesting" and not the "funny" I was aiming for.

      --
      Horns are really just a broken halo.
  40. Skype, Etc...Not American by mlauzon · · Score: 0

    I've read through all the previous posts, but have yet to see anyone ask this!

    How is it an American company can try and sue a companies using an _American law_ when most -- if not all of those companies -- are not in the US..?!

    1. Re:Skype, Etc...Not American by coyotecult · · Score: 1

      For the same reason the EU can sue Microsoft using EU laws when Microsoft isn't in the US. Being a business operating in the US, they have to conduct themselves according to US laws.

    2. Re:Skype, Etc...Not American by Roger+W+Moore · · Score: 1
      ....but does Skype really operate in the US? I know their network can be accessed from there but do they have any employees or brick-and-mortar based operations there? Microsoft does in the EU and so has a lot of assets which could be seized by the EU courts. As far as I know Skype has nothing that could be seized and since it is a civil suit there is zero possibility of extradition.

      To me (a non-lawyer) this seems to be an interesting legal question. Assuming that they do only have a virtual presence in the US suppose Skype just thumbs its nose at the US court and says "so what"? I'm guessing there is nothing that the US court can do.

    3. Re:Skype, Etc...Not American by coyotecult · · Score: 1

      That would be an interesting question. Even if they didn't have any brick and motar in the US, they'd still be conducting business and taking payments. I'm not sure how their SkypeOut service would work if they didn't have *some* investment in US infastructure, however, and that's how they make their money.

      http://jobs.skype.com/

      That page shows that they have five job vacancies in the US, so I'm led to assume they do have a US presence.

    4. Re:Skype, Etc...Not American by Koutarou · · Score: 0

      If you would read the actual complaint, one of the items sought in relief is the performance-based portion of the ebay buyout money, which they probably can successfully attach if the suit is successful.

  41. Re:RICO use and abuse - Or Not by Anonymous Coward · · Score: 0

    Exactly.

    What the fuck are you talking about?

    Oh, wait. We know. You were agreeing with the statement, "But telling someone they are evil and going to hell for supporting abortion is not a real threat."

    Your outrage defense is blown.

    But I am sure you will feign confusion again.

    As in, I am confused as to why this member of our movement murdered a doctor. We were just protesting women seeking medical care. It's not like our movement advocated the murder of doctors or anything. It's not like we would let women die to satisfy our religiously held beliefs.

  42. Re:RICO use and abuse - Or Not by StikyPad · · Score: 1

    Not to defend the actions of OR, but terminating a pregnancy is hardly speech. It is most definately an act, and while I support a woman's right to choose, spouting off about "freedom of speech, freedom from religion" is just as tasteless and misguided as picketing a clinic. Just different shades of BS...

  43. Re:RICO use and abuse - Or Not by kfg · · Score: 1

    What the fuck are you talking about?

    That hell is not a threat.

    You were agreeing with the statement

    Well, D'oh!

    I am confused as to why this member of our movement murdered a doctor.

    Well, perhaps you ought to reconsider your own membership then.

    KFG

  44. Re:RICO use and abuse - Or Not by tomcres · · Score: 1, Insightful

    IANAL, but the last time I checked, the First Amendment guaranteed freedom OF religion, not FROM. The First Amendment was not passed to guarantee atheists freedom from religion entering the public sphere, but rather in the milieu of Revolutionary America, where Baptists, Congregationalists, Presbyterians, Episcopalians, Catholics, etc., each had a large degree to do with the founding of many of the 13 Colonies (Rhode Island, for instance, being founded to escape persecution of Baptists in the Congregationalist Massachusetts colony, which itself was founded by those fleeing persecution in England), that one's religious affiliation could not be used to deny one's civil rights. Furthermore, since each state had a state church, it would guarantee that Congress would not favor one over the other, which would give certain states undue influence over others. It had nothing to do with suppressing religious speech or public display or exercise of religion. The intent was quite the opposite. In fact, before the Civil War, the Supreme Court did not get involved in religious exercise matters and let state laws prevail. It wasn't until after the War, when the judiciary took on a more activist and legislative role for itself, that this started to change. The Constitution is meaningless today thanks to the Supreme Court justices who over the last century have reinterpreted every single word to the point where it just does not have the same meaning as it did in the late 18th century.

  45. Re:Incase you are new here..... by tomcres · · Score: 1
    BASHING LINUX = always gets your modded down and you will go right to hell if you are Catholic!

    actually, Linux isn't as untouchable as it used to be on ./ These days, you're more likely to get modded to minus 3e45 if you dare speak something unfavorable about Apple. I watched my karma go straight from Excellent to the shitter in one week that happened to have more Apple stories than usual. The RDF is taking on a life of its own. Be careful!

  46. Re:Incase you are new here..... by Heembo · · Score: 0, Offtopic

    So my question is, is slashdot truly the "will of the folks who post" or is there upper-level editing going on that has an agenda?

    --
    Horns are really just a broken halo.
  47. Re:RICO use and abuse - Or Not by kthejoker · · Score: 1

    Yes, but he was just referring to the fact that abortions are legal acts in this country. It's like driving: there are restrictions, but it is legal, and to outright prevent someone from doing it is illegal.

  48. Is the Chimp Involved? by PokerAndroid · · Score: 1

    If the Chimp is involved, the Houston company will win.

  49. Re:RICO use and abuse - Or Not by Scudsucker · · Score: 1

    Last time I checked, it unconstitutional to prohibit people from peacably assembling.

    Last time I checked, what groups like Operation Rescue do is about as far from "peacably assembling" as you can get.

  50. Re:RICO use and abuse - Or Not by Scudsucker · · Score: 1, Troll

    There have been many more acts of violence committed by environmental groups for their cause.

    No, there haven't been. Maybe more economic damage from industrial sabotage, but industrian sabotage is not terrorism nor violence towards people.

    Not to mention unions, who have a history of being linked with violence and ironically the mob.

    And businesses have a long histroy of cheating on their taxes, dumping toxic chemicals into the river and sexually harrassing their secretaries. Let's get rid of them, too.

  51. Re:RICO use and abuse - Or Not by WoodieR · · Score: 1

    terrorists ... stop calling self-interest groups anti-abortionist religious zealots and merely refer to them as the terrorists they are ...

    --
    Question Authority before IT questions You ...
  52. Re:RICO use and abuse - Or Not by Anonymous Coward · · Score: 0

    I'm not sure that qualifies as abuse of the act. An organized group of people (Operation Rescue) attempting to extort legal businesses (abortion clinics) into either changing or closing entirely through threats (see what is on some of their websites), intimidation (in-your-face confrontations directly in front of clinics), and violence (bombings and beatings tacitly accepted as part of the struggle), simply because their view isn't your view (First Amendment issue of everyone, including clinics have rights to free speech and association and freedom from religion)...

    In antiwar protests you also have a small subgroup of people who break shop windows, throw Molotov cocktails, engage in physical confrontation with police, etc. During the Vietnam War (not much longer ago than many of these clinic bombings) several ROTC buildings were burned down.

    Could RICO legitimately be used against antiwar groups? How close an association with individual criminals is required before a particular protest group should be called a criminal organization?

  53. Re:RICO use and abuse - Or Not by taboguilla · · Score: 1

    It seems to me is that what you are stopping short of saying is something along the lines of... "The United States was founded by Christian interests and therefore freedom of religion really means the protection of Christian denominations..." When in reality our founding fathers (of whome I am quite proud of) were far less concerned with religion (see Jefferson and Franklin as prime examples) and far more concerned with ending trade controls and the economic hardships placed on them (taxes) by a foreign body in which their interests were not represented (remember "taxation without representation is tyranny"???). These men were business men that ranged from the those born into great wealth (i.e. Washington and Jefferson), to those who were self made wealthy from humble beginnings(i.e. Franklin), but their objective was to free themselves from the economic burden placed on them the the British monarchy.

    I suspect that the parent used the word "from" as emphasis since everybody knows the word is "of". "Freedom of Religion," had nothing to do with what you have posted and had everything to do with the habit of monarchs enforcing official religions at their whim (for instance when they wanted a divorce) and making other religions illegal and used to what ever purpose may be suitable such as extorting those who were out of their favor (many people were hung for herecy). The intent was to bar the ruling body from exerting any influences over an individual's thoughts on religion and to keep rulers from using this as a tool for extortion. This was also meant to keep the ruling body from forming power aliances with the clergy, since even by then, the monarchs understood the control the clergy held over the masses through the use of religion. ..and yes, rejecting the notion of an almighty humanistic God is also protected by this. By the way, Atheists aren't the only people who don't believe in "God", Buddists and Taoists also come to mind...

    If one were to use your reasoning and the fact that out of the 56 founding fathers, 51 were slave owners combined a few other tidbits of information, and one could argue that America was meant to be a nation where blacks were slaves and women were posessions of their husbands.

  54. Sorry by Anonymous Coward · · Score: 0

    Ted Koppel: Mr. Forbes, clearly the character named "Teve Torbes" represents you.

    Steve Forbes: Well, that's one way to interpret it. I mean, the description of the character kind of fits my profile as a verile, charismatic leader of men. But, then again, my name isn't "Teve Torbes" - it's Steve Forbes.. which is different! Maybe it represents somebody named "Leve Norbes".

    Ted Koppel: Oh, come on! Come on! The character obviously is you! Just like "At Buchanan" is supposed Pat Buchanan, "Dob Bole" is Bob Dole, and Lamar Alexander is represented by "Lamar Alexander 2".

    Steve Forbes: Well, it seems like the author has done a very good job of disguising those names! Ted, there is one passage I find particularly interesting, if I may?

    Ted Koppel: Well.. certainly.

    Steve Forbes: It's on page 42. The anonymous author writes on page 42: [ text appears on screen ] "The ladies loved Teve Torbes' brilliant tax plan. That and the fact that he had a musky Victor Mature-like scent. no. Teve Torbes was definitely not a geek with a crooked smile. He was a babe magnet. Did I mention how much the ladies love me, I mean him?"

  55. Warning: PDF by Beryllium+Sphere(tm) · · Score: 1

    with some scanning problems at that:

    Skype RICO complaint part 1

    Skype RICO complaint part 2

  56. Re:RICO use and abuse - Or Not by zerocool^ · · Score: 1


    See also: Red Herring.

    There have been many more acts of violence committed by environmental groups for their cause. Yet noone is charging Greenpeace and PETA with RICO suits. Not to mention unions, who have a history of being linked with violence and ironically the mob.

    No thanks, grandparent, we were talking about Whacko religious nuts who picket abortion clinics and call people who visit them "whores" and worse.

    ~W

    --
    sig?
  57. Re:RICO use and abuse - Or Not by Anonymous Coward · · Score: 0

    > IANAL, but the last time I checked, the First Amendment guaranteed freedom OF religion, not FROM.

    What part of "respecting an establishment of religion" don't you understand?

    Anyway, judge after judge has recognized that this amendment means freedom from religious edict, and believe it or not that's good enough. Welcome to the long tradition of English Common Law, a civil tradition older than the constitution -- and made the law of the land by the seventh amendment to said constitution.

  58. Re:RICO use and abuse - Or Not by Anonymous Coward · · Score: 0

    The State collects taxes from the citizens - by force if resisted.

    If The State then favors a religion, then it's not at all a level playing field, and those citizens who are members of other religions do not truly have freedom of religion.

    The school cases add even a third layer: attendance is mandatory, the taxes are mandatory, and then the State as acting Parent encourages children to change religions?

    Private individuals preaching is freedom of religion and freedom of speech. When the government starts doing it, it's some shade of tyranny the colonists were fleeing.

  59. Re:RICO use and abuse - Or Not - Wrong is Wrong!!! by Anonymous Coward · · Score: 0

    Greenpeace regularly illegally boards vessels and refuses to let them port, hangs banners, extorts concessions from vessel owners, etc.

  60. Are you on crack? by Anonymous Coward · · Score: 0

    Skype is spelt with a 'k' moron. And the rest of your post makes no sense.

  61. Re:RICO use and abuse - Or Not by civilizedINTENSITY · · Score: 1

    "Violence is NOT tacitly accepted." The fact that there was discussion (or arguement) before the vote to kill doesn't mean it isn't an act of violence. People who shoot doctors should go to jail for a long time, and the organizations which supported them in their acts of violence are no better. Please understand that such actions have tainted any possible message, and get over it, and find some other way to express your discomfort with the legal actions of others. Thank you.

  62. Re:RICO use and abuse - Or Not by civilizedINTENSITY · · Score: 1

    "Not to mention unions, who have a history of being linked with violence and ironically the mob."

    Actually it was business that hired pinkertons to attack the unions. Thus any "link" to violence must begin with unions as the victim of organized and well funded violence. To quote you about yourself: "That is a complete and utter distortion."

  63. Re:RICO use and abuse - Or Not by civilizedINTENSITY · · Score: 1

    Big difference between "finding people guilty by whom they choose to associate with", and finding people who conspire to commit murder, guilty. Bottom line is that anyone who knowingly gives aid or comfort to those who commit murder is an accomplice.

  64. Re:RICO use and abuse - Or Not by Anonymous Coward · · Score: 0

    Fails? I disagree. Greenpeace are essentially a terrorist/pirate organisation! They attacked ships, invaded the Brent Spar oil platform and held it illegally for 3 weeks, disrupted industry worldwide and they're directly responsible for a fatal shipwreck (admittedly their own ship, the Rainbow Warrior 1, but a photographer died there). In my opinion, they've caused far more problems than they've solved.

    All told, the only reason they haven't been held accountable for these actions is because of the public uproar that would result from legal action.

    And your slashdot comment is hardly a fair comparison, as far as I know slashdot hasn't been responsible for any violence, and the only damage is a few temporarily overloaded web servers.

  65. Re:RICO use and abuse - Or Not by Anonymous Coward · · Score: 0

    Funny thing is, most of the environmental "terrorists" burn down uninhabited subdivisions and vandalize SUVs. They don't blow up women's health clinics (or the Olympics - or have you forgotten that little incident already). Also, I don't remember Dr. King lining up shouting and fist shaking supporters screaming "slut" and "baby killer" to women going in for a gynecological exam. (Most of those so-called "abortion clinics" offer a large range of women's health services, and abortion is only one part of their services; but every patient visiting them is accussed of going there for an abortion).

  66. Re:RICO use and abuse - Or Not - Wrong is Wrong!!! by pboulang · · Score: 1

    They are simply trying to stop global warming by increasing the population of pirates. Did you not read FSM 16:2??

    --

    This comment is guaranteed*

    *not guaranteed

  67. Re:RICO use and abuse - Or Not by mpe · · Score: 1

    As in, I am confused as to why this member of our movement murdered a doctor.

    Because your "cause" gave them a good excuse to do so.

    We were just protesting women seeking medical care. It's not like our movement advocated the murder of doctors or anything.

    Then maybe your group needs to check out your members a little more closely...

  68. Re:RICO use and abuse - Or Not by Anonymous Coward · · Score: 0

    In antiwar protests you also have a small subgroup of people who break shop windows, throw Molotov cocktails, engage in physical confrontation with police, etc.

    It's not unknown for these people to actually be police or other "security services".

  69. Re:RICO use and abuse - Or Not by Anonymous Coward · · Score: 0

    No thanks, grandparent, we were talking about Whacko religious nuts who picket abortion clinics and call people who visit them "whores" and worse.

    "Worst" can easily mean terrorism. Yet even now there is a big reluctance to call such people "terrorists", apparently simply because their religion tends not to be Islam.

  70. Re:RICO use and abuse - Or Not by slughead · · Score: 1

    Last time I checked, what groups like Operation Rescue do is about as far from "peacably assembling" as you can get.

    I would not normally respond to something like this, but you should know but the nature of the ammendment referred to the manner in which they assembled, NOT what they discussed.

    Like it or not, it's not constitutional to spy on these meetings. If there is reason to believe some or all the members are going to commit murder, it's certainly constitutional to GET A WARRANT FOR EACH MEMBER and listen in. However, spying on a whole group, no matter what they're doing, is certainly not kosher. Moreover, just because all of these people were in a group doesn't mean the GROUP organized any killings.

    These people were probably also registered Republicans. Does that mean Bush should be sent to jail under RICO?

    Say we lived in a police state (some say we're already there). Would Jefferson be against a militia meeting to discuss the matter? Certainly not. In fact, Jefferson frequently said there should be a revolution every 20 years or so, just to 'water the liberty tree with the blood of patriots and tyrants' (paraphrased).

    The problem with something like RICO is who decides which organization is doing what, and how. Again, it makes it illegal to even associate with people who may or may not do naughty things. This means it can be abused, and I, personally, don't trust the government to discern who's "good" and who's "evil," especially in this age where the FBI doesn't even need a warrant to monitor an organization which it deems "evil."

  71. Re:RICO use and abuse - Or Not by AK+Marc · · Score: 1

    IANAL, but the last time I checked, the First Amendment guaranteed freedom OF religion, not FROM.

    Well, given the people that tell me all the time "atheism is a matter of faith too" and "atheism is a religion" and all that, then freedom of religion necessarily includes freedom from religion.

  72. Re:RICO use and abuse - Or Not by Scudsucker · · Score: 1

    WTF are you talking about here. I'm talking about protestors rioting or chaining themvselves together to block entrances to abortion clinics isn't exactly "peacefull assembly", not spying on activists.