Slashdot Mirror
RICO Class Action Against RIAA In Missouri
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."
Here RIAA RIAA RIAA. Come and get me and my 200+ gigabytes of stolen music.
Exactly, these people were targeted by the RIAA who has no proof of infringment and abuses the system.
Whether or not they are actually guilty, the RIAA should be providing proof, which they are incapable of.
There already many cases where this has occurred. Lindor, Anderson, Foster to name a few. However these people that actually persevered in court had to spend years and tens of thousands in legal fees to clear their name. Add to that the documented cases where the RIAA sued people who didn't have computers, dead people, etc. Most people I suspected just paid the fine instead going through the whole ordeal. While it may not be successful, the discovery process may unearth what we have long suspected: The RIAA does not adequately investigates someone before suing them, does not dismiss lawsuits when it appears that they may have erred, and will continue to abuse the legal system in this way.
Well, there's spam egg sausage and spam, that's not got much spam in it.
Could I suggest a RICO against the Federal Reserve?
Bloomberg tried suing the FED under the FOIA to disclose who it gave $2 trillion to. They claim they don't have to disclose under the FOIA because they technically aren't part of the government.
If you have something that you dont want anyone to know, maybe you shouldnt be doing it in the first place -Eric Schmidt
With enough money at my disposal, I can reasonably believe I'll win any lawsuit I care to file, regardless of merit.
Here's the thing, though. The RIAA does have some information. They're not suing people at random--they're suing people that they believe have done something wrong. Their methods are almost certainly unsound, and their theory of what constitutes infringement is questionable. Their evidence for infringement is generally weak. And their attempts to strong-arm people into settlements is also unsettling.
However, whether this constitutes criminal behavior is also questionable. The RIAA can claim that they have a reasonable belief that they've sued are the right people. They can argue a reasonable belief that they will prevail in court. And they can claim their settlement offers are reasonable within the standards the law currently provides. The RIAA may be wrong about all these things (and probably are), but that doesn't necessarily mean what they're doing is illegal.
Not everyone who brings a lawsuit and loses is a criminal.
The problem is that when you use illegal means to gain information to then use to coerce an individual into an unfavorable settlement, else they face great financial damages executed by your behalf against them, and you do this to a great many people, that is called racketeering or extortion. Which is illegal.
What the RIAA is doing is in effect the same as a Mob boss shaking down businesses in an area for "Protection" money.
There already many cases where this has occurred. Lindor, Anderson, Foster to name a few. However these people that actually persevered in court had to spend years and tens of thousands in legal fees to clear their name. Add to that the documented cases where the RIAA sued people who didn't have computers, dead people, etc. Most people I suspected just paid the fine instead going through the whole ordeal. While it may not be successful, the discovery process may unearth what we have long suspected: The RIAA does not adequately investigates someone before suing them, does not dismiss lawsuits when it appears that they may have erred, and will continue to abuse the legal system in this way.
Well according to this guy their investigative methods are untested, have never been accepted in the scientific community, have never been published, were not subjected to peer review, are completely secret, and ... he invented them himself, out of his own head. And according to this guy the "instructions and parameters" for the investigations were given to the investigators by the lawyers.
So why wouldn't you think the RIAA's investigation is reliable, UnknowingFool?
Ray Beckerman +5 Insightful
What the RIAA is doing is in effect the same as a Mob boss shaking down businesses in an area for "Protection" money.
Indeed, and she agrees with that sentiment.
Ray Beckerman +5 Insightful
I'm no legal expert but ...
Don't worry. Neither are the RIAA's lawyers.
Ray Beckerman +5 Insightful