RICO Class Action Against RIAA In Missouri 213
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."
I'm a huge pirate... (Score:5, Funny)
Re:"falsely accused"? (Score:5, Funny)
In the USA, we are supposedly innocent until proven guilty in a court of law. Thus, you can claim you are falsely accused up to the point where a judge banks the gavel and declares you guilty.
At least, that is what my elementary school teacher taught me back in the 70's.
Re:I'm a huge pirate... (Score:4, Funny)
Should just get some large scales to solve it. (Score:2, Funny)
Re:I'm a huge pirate... (Score:4, Funny)
Re:I'm a huge pirate... (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)
Re:Real life imitating slashdot.org (Score:5, Funny)
I wonder how many times has this been pointed out that someone should roll up a RICO class action suit against RIAA?
The RIAA getting RICO-rolled... there's a youtube viral in there somewhere, I can sense it.
Re:"falsely accused"? (Score:2, Funny)
I look forward to your replacement of Slashdot car analogies with skydiving analogies ;)
a RICO lawsuit against the RIAA! (Score:2, Funny)
there's gotta be a rat somewhere feeding information to the feds. i grew up in the old school, where made RIAA guys would never flip.
Re:I'm a huge pirate... (Score:2, Funny)
Unless you change your name to your IP address like I did.. say hello to Mr FA.CE.FE.ED Jones.
Re:Stating the Obvious (Score:4, Funny)
It was designed to protect people from the Music And Film Industry of America (MAFIA).
Re:"falsely accused"? (Score:3, Funny)
Re:RICO Seizures (Score:4, Funny)
Would the FBI then say "All your base are belong to U.S.?"
Re:Dear Lord.... Use a Line Return or 84.... (Score:5, Funny)
Dear Lord . . . I actually understand that. I need to get out more. :)
Re:I'm a huge pirate... (Score:5, Funny)
Re:"falsely accused"? (Score:5, Funny)
I used FDR of raping me years after he died, and won.
FDR raped you years after he'd died...?!
OMG ZOMBIESECKS!!!!!1111111
Re:I'm a huge pirate... (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)
Re:whats really great about this (Score:5, Funny)
I'm no legal expert but ...
Don't worry. Neither are the RIAA's lawyers.
Re:Discovery burden (Score:4, Funny)
2) Request public records of proceedings
3) ????
4) Profit!
sheer elegance in its simplicity!
Re:I'm not so sure about that (Score:3, Funny)
I'd just laugh if they tried to sue me for 100,000$ !!! I'd just go shucks, and go on welfare or whatever they call it. Or work for a non-profit. And, so would most people. However, many many people will pay 3000-5000$ to make a problem go away.
I'd ask them for a unlimited license for 5000$ and immunity from all future prosecution and civil judgments capped at 1$ per TB. I'd laugh just as hard if/when they laugh.
Re:"falsely accused"? (Score:3, Funny)
I was merely pointing out that the RIAA doesn't adequately investigate anyone before suing them. Given the limited information we have so far, it appears that the RIAA knows that their methods cannot accurately identify an individual but proceeds anyway. Again, even if this suit isn't successful in the end, the discovery part will shed light on this.
And I was agreeing with you. I guess I should have included the ":)".
Re:I'm a huge pirate... (Score:3, Funny)
I assure you that I do not have a gun*.
(* the word 'gun' does not refer to any type of firearm)
I'd be more worried if you wanted to meet me in a dark alley, and you were assuring me that you did have a gun, with the same caveat.
Re:I'm a huge pirate... (Score:5, Funny)
Funny story (Score:4, Funny)
The problem is, I forgot all about it for roughly 2 years.
Right up until the time I had to call my ISP about something. The tech on the other end asked me what kind of router I had and when I told him, he says "No, you don't have (brand x)". I'm thinking "wtf is he talking about?" because the router is, literally, right there in front of me. So we argued about it for about 10 minutes and I finally got done what I needed.
After we hung up, I realized why he was asking....
Now, I can't help but wonder whose router he THINKS I have? Who the hell would use DEADBEEFBABE as a default MAC address?