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RICO Class Action Against RIAA In Missouri

Posted by kdawson on from the take-'em-down-dano dept.

NewYorkCountryLawyer writes "In Atlantic Recording v. Raleigh, an RIAA case pending in St. Louis, Missouri, the defendant has asserted detailed counterclaims against the RIAA for federal RICO violations, fraud, violation of the Computer Fraud and Abuse Act, prima facie tort, trespass, and conspiracy. The claims focus on the RIAA's 'driftnet' tactic of suing innocent people, and of demanding extortionate settlements. The RICO 'predicate acts' alleged in the 42-page pleading (PDF) are extortion, mail fraud, and wire fraud. The proposed class includes all people residing in the US 'who were falsely accused ... of downloading copyrighted sound recordings owned by the counterclaim Defendants and making them available for distribution or mass distribution over a P2P network and who incurred costs and damages including legal fees in defense of such false claims' or 'whose computers used in interstate commerce and/or communication were accessed ... without permission or authority.' This is the second class action of which we are aware against the RIAA and the Big 4 recording companies, the first being the Oregon class action brought by Tanya Andersen, which is presently in the discovery phase."

6 of 213 comments (clear)

  1. I'm a huge pirate... by jornak · · Score: 5, Funny

    Here RIAA RIAA RIAA. Come and get me and my 200+ gigabytes of stolen music.

    1. Re:I'm a huge pirate... by philspear · · Score: 5, Funny

      Do you live in St. Louis? I'm not with the RIAA*, I am a fellow youngster living in St. Louis who would like to recieve some illegal stolen music from today's popular artists, then maybe go and drink an alchoholic beverage with you. I have videogames that we can play as well. We can "hang out." I want to emphasize that I am not with the RIAA*.

      (* RIAA here does not refer to Recording Industry Association of America)

    2. Re:I'm a huge pirate... by ZarathustraDK · · Score: 5, Funny

      Now the RIAA can feel how it's like to be hunted by an ambiguous four-letter abbreviation which can't be reasoned with.

      --
      If you quote this signature there'll be 72 copies of Windows ME waiting for you in Heaven.
    3. Re:I'm a huge pirate... by dontmakemethink · · Score: 5, Funny

      Do you live in St. Louis? I'm not with the RIAA*, I am a fellow youngster living in St. Louis who would like to recieve some illegal stolen music from today's popular artists, then maybe go and drink an alchoholic beverage with you. I have videogames that we can play as well. We can "hang out." I want to emphasize that I am not with the RIAA*.

      (* RIAA here does not refer to Recording Industry Association of America)

      I'm in St. Louis, and would love to meet. There's a nice dark alley on Pine between N 11th and N 12th, we could meet there. I assure you that I do not have a gun*.

      (* the word 'gun' does not refer to any type of firearm)

      --

      War as we knew it was obsolete
      Nothing could beat complete denial
      - Emily Haines
    4. Re:I'm a huge pirate... by jebrew · · Score: 5, Funny

      Yeah, I've been getting a lot of flack since I changed mine to DE.AD.C0.ED

  2. Re:whats really great about this by NewYorkCountryLawyer · · Score: 5, Funny

    I'm no legal expert but ...

    Don't worry. Neither are the RIAA's lawyers.

    --
    Ray Beckerman +5 Insightful