More delicious irony concerning the bottom feeders at the Recording Industry Association of America (RIAA), the copyright thugs whose frivolous lawsuits extort money from innocent teens, grandmas and those in between. They are being hit with another counter claim ((the first was rejected) in Atlantic Recording v. Raleigh, a case being heard in St. Louis, MO. This time an amended class action claim in being filed under RICO, the Racketeer Influenced and Corrupt Organizations Act.
The allegations?
- RICO
- Fraud
- Conspiracy
- Trespass
- Prima Facie Tort
- violation of the Computer Fraud & Abuse Act
And the class upon whose behalf the claims of extortion, mail fraud, and wire fraud are being made?
All persons residing in the United States who:a. were falsely accused by Counterclaim Defendants and RIAA of downloading copyrighted sound recordings owned by the ounterclaim 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; and/or
b. whose computers used in interstate commerce and/or communication were accessed by Counterclaim Defendants without permission or authority through conduct involving interstate communication and from which information was obtained in violation of such person's rights within two years prior to the date of the filing of this amended counterclaim
RIAA has deep enough pockets so that defending themselves isn't a problem. But being tagged for any of these claims would be. It's not clear the judge has the guts to allow this counterclaim, so we'll have to see.
But the irony is just too, too good.
Technology
Comments
Dont hold your breath Revere. Its going to be tossed out. Reason is that the network even though it belongs to someone else IS accessible via their contract with the recording industry either by direct recording company or RIAA.
Ever read that fine print on your P2P? We dumped ours because of some of the other things that are in it. Basically you give up your rights to use it.
Not a technicality toss either. The original suit will stand and likely, a lot of people are going to get a bill.
Stay the hell off of facebook too folks. You might as well be taking your clothes off and submitting to a lower GI inspection tour.
Posted by: M. Randolph Kruger | November 22, 2008 4:46 PM
If the courts dealt them the same kind of justice the Mob gets, hundreds of these guys would go away for long prison terms, which would likely lead to an epidemic of laughing jags.
Posted by: Rose Colored Glasses | November 22, 2008 4:56 PM
Waiting for Paul to bloviate.....
in 4, 3, 2, 1, ......
Posted by: BGT | November 22, 2008 11:41 PM
I'm wasted on this topic, BGT. I think Revere's had enough of me on this as well. But nice of you to think of me.
Be Well,
Paul.
Posted by: Paul | November 23, 2008 12:16 PM