A Pattern of Racketeering?
In “something to keep an eye on” news, Michele Scimeca of New Jersey is being targeted by record labels and RIAA for alleged music piracy activity conducted by her son.
While there’s nothing new about the music industry using scare tactics to prosecute individuals, there is something extremely creative about the defense tactic — she’s countersuing under the umbrella of US federal racketeering laws.
It seems like quite a stretch to me, but it’ll be interesting to watch. Perhaps Lynn (resident dennis.ca legal counsel) might be kind enough to shed some light on the subject?
The intention of the Racketeer Influenced and Corrupt Organizations Act (RICO):
The RICO Act was passed by the United States Congress to enable persons financially injured by a pattern of criminal activity to seek redress through the state or federal courts.[1]
…As can be illustrated by the following example:
Section 1962(b) makes it unlawful for a person to acquire or maintain an interest in an enterprise through a pattern of racketeering activity. Section 1962(b) is perhaps the most difficult RICO claim to express in practical terms. A stereotypical violation of section 1962(b) occurs when a victim business owner cannot make payments to a loan shark; upon default, the loan shark says: “you’re either going to die or you’re going to give me your business.” Given the threat to this life, the victim transfers control of his business to the loan shark. Usually, the victim business owner remains the owner on paper but the loan shark controls the business and receives all income from the business. Thus, the loan shark has acquired and maintained interest or control over an enterprise (i.e. the business) through a pattern of racketeering (i.e., loan sharking and extortion).2
…Where the plaintiff must establish enterprise liability:
To establish liability under any subsection of section 1962, a plaintiff must allege the existence of an enterprise. As noted above, an enterprise may be an illegitimate enterprise, such as a Mafia family, or a wholly legitimate enterprise, such as a corporation. United States v. Turkette, 452 U.S. 576, 580-81 (1981). Although an enterprise can be a legal entity, such as a partnership, corporation or association, it can also be an individual or simply a relatively loose-knit group people or legal entities. These latter groups are referred to as “association-in-fact” enterprises under the statute. 18 U.S.C. � 1961(4).[3]
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1 http://www.ricoact.com/ricoact/faq.asp#does
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RIAA is really a mafia. Jail ‘em All.
Anybody tried to listen to is legally bought cd’s on car stereo? Well I have and they only play the first track. I tought it was a stereo malfunction and headed for a few tests of my own.
2 Cd’s from my wife’s collection, with some legal notice about illegal recording and something about these CD’s being protected against digital copy.
It lighted a light on my head. Let’s try a legal “backup” from one of my old cd’s. It worked out fine till the last song.
Faulty products anyone?
If I were living in the States I would sew them to till they would shit �. :P
Just a small note, how can someone make his legal backup from the original stuff?
The newer protected CDs (the ones that show no contents when you use them in a computer) don’t allow for backup at all.
The tracks can be ripped in an OS other than Windows (i.e., Linux shows the proper track contents of the disc), but there’s another problem:
If you look closely at the encoded side of the disc, you’ll notice that it’s been scratched/etched on purpose during manufacturing. Standard audio CD players properly ’skim over’ the imperfections, but CDROM drives read them literally. Hence, tracks have scratches and pops when played back.
I’m sure there’s some way around it, but I haven’t bothered… Plus, it is against the law. :)
I haven’t bothered that much about the problem. My house stereo made a perfect “backup” of it without the scratches and stuff. ;)
RIAA - Real Idiots Are Around. weeeeeee
Um…sew them to til what? ;) Dennis - for the record, I have never offered-nor plan to offer-legal advice to this or any other site (or other entity). That would be a violation of the ABA Model Rules of Professional Conduct. However, my views on the RICO statute and its prospect of success against the RIAA will be forthcoming…although perhaps not blogged, eh??