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Racketeering Trial of MS and Best Buy Can Proceed
mcgrew (sm62704) writes with news that the Supreme Court has rejected an appeal by Microsoft and a unit of Best Buy to dismiss a lawsuit alleging violation of racketeering laws. This means the class-action complaint can go to trial. The case was filed in civil court and the companies, with the US Chamber of Commerce behind them, wanted the Supreme Court to put the brakes on the expanding use of RICO laws in civil filings. The Racketeer Influenced and Corrupt Organizations Act was designed to fight organized crime, but in recent years more than 100 times as many civil as federal RICO cases have been filed.
A long time ago, prosecutors realized that organized crime tried to use legitimate business faces to sustain and grow itself. When various business interests, controlled by a common hand, unite to box their victim into an alley where they can be persuaded to "donate" their money to a cause also controlled by those same business interests, that's a serious threat to civilization. If each participant could only be prosecuted for disturbing the peace, the mugging would continue unchecked.
The real shame is that private citizens have to leverage civil courts for relief. If their are 100 times as many civil RICO actions as there are criminal RICO actions, it is most likely because prosecutors are not doing their jobs. A mugging is still a crime. Just because it is performed by people in suits doesn't make it less of a crime. And when the suit in the corporate office is orchestrating the systemic muggings of all their customers... it is a crime. An organized crime.
So even if we stick solely with your definition, the only difference in their behavior is the use of violence. If you replace the threat of physical violence with a threat of legal and financial ruin, they are virtually identical.
Use violence to coerce people? Organized crime!
Use lawyers to coerce people? Just shrewd business!
I think you watch too many movies, personally. The coercion part is what makes it "organized crime", not the means and methods.
=Smidge=
"Microsoft does not comment about pending litigation?"
This means Balmer's linux patent threats contain no litigation that is pending?
I live in a giant bucket.