| Striking Back |
23 February 2004
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RIAA Sued Under RICO
The Recording Industry Association of America has developed a tough-guy image of itself by suing file-shares in an attempt to salvage record sales. Some of the file-sharers, though are fighting back. Michele Scimeca, a woman from New Jersey accused of copyright infringement, is counter-suing charging the RIAA with extortion and violation of the Racketeer Influence and Corrupt Organizations Act.
RICO was originally intended to help the feds against the mafia, however, the unintended consequence was the use of RICO against corporations and individuals not part of the mob. The operative language says that a pattern of racketeering activity "requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity."
And RICO ACT Sec. 1962 (b) says:
It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt.
Ms. Scimeca's attorney says that threatening legal action and then offering to settle amounts to extortion. And the RIAA has done this hundreds of times, so if the argument is valid, then a RICO countersuit is a slam-dunk. It's a rather big "if."
However, RICO is a pretty nasty law that has been used in wrongful termination suits and against protest groups. While organized crime needs to be destroyed root and branch, use of RICO against Pop Warner Football (for kids 5-15 years old) coaching styles proves that it is a bad law that needs to go. Corporate American would breathe easier with its repeal, and if Ms. Scimeca's case helps to do that, by all means, let the case go to court.
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