Judge Dismisses Racketeering Charge Against RIAA
from the quite-a-racket dept
We were pretty skeptical that charges of racketeering would stick to the RIAA when filed a few years ago, so it comes as little surprise to see a judge dismiss the claim. While the complaint could be refiled, the judge's words indicate that it will be quite difficult to make a successful case for racketeering. As emotionally appealing as it would be to see the RIAA found guilty of racketeering, it is a stretch. It's better to focus on what the RIAA is actually doing, rather than trying to paint its actions falsely. The RIAA is filing questionable lawsuits based on flimsy evidence, but that's not quite enough to prove racketeering.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: racketeering, riaa
Companies: riaa
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Extortion...
What is the difference between that and the gangsters that hit up the the old couple running the dry cleaners for a cut of their weekly profts to "prevent accidents from happening"?
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Re: Extortion...
The main difference, realistically, is that the RIAA at least has *some* claim to say that something illegal has happened. That's not the case with gangsters "preventing accidents." And it's that difference that's they key to proving racketeering.
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legal dance
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Common Sense Says...
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Re: Common Sense Says...
It's not stealing. In perhaps an ironic twist, if you actually went out and *stole* the music from your nearest retailer, you'd get in far less trouble. Go figure.
Two:
If you are innocent, and the RIAA comes knocking at your door because one of your child's friends brought his laptop over one day and had uTorrent running-- and they point out that paying $2500 now or paying $750,000 per song after a lengthy and costly trial later.. most people see the "common sense" in settling, even knowing they are innocent, because they are intimidated by the resources that the RIAA has at it's command and they don't trust our legal system to actually protect the innocent. (Who does these days?)
It may not be racketeering, in the legal sense, but it's still pretty sketchy, if ya ask me.
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Re: Common Sense Says...
If I threaten to take you to court for something I knew or should have known you did not do, and then proceed to do so, it is NOT something that I have a legal right to do (see "Abuse of Process" and related issues). Therefore, if I threaten to do something to you (and subsequently follow through) which I do not have the right to do unless you pay me money which you do not owe me, how is that not extortion?
These are people who have not done anything wrong. Think before you post.
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