Face the Music
First week of October was busy for RIAA, with mainstream media playing along. Every major news outlet mentioned RIAA's suits against the latest 757 alleged freeloaders. What the mainstream media mostly didn't talk about is RIAA getting countersued under the Racketeer Influenced and Corrupt Organizations ('RICO') Act of 1970.
When RIAA went after ‘Spicybrnweyedgirl’ for having 829 music files shared, they first sued Candy Chan, the owner of the computer used by the account. RIAA knew the computer was in the household, but not who owned the account. Mom said it wasn't her, so they threatened to sue all of her children. The judge tossed the case.
In depositions, Candy had admitted the account likely belonged to her daughter, 13 year old Brittany Chan. Mom refused to accept responsibility for the copyright infringement, while RIAA iinsisted mom was liable for letting Brittany use the computer. Mom didn't post the files, Brittany is a minor, and RIAA didn't have anyone to sue. So RIAA's lawyers are demanding the court to forcibly appoint a new legal guardian for Brittany so they can sue her personally.
If RIAA wins, this sets a new legal precedent: end-run the parents, and go directly after the kids.
One non-blogosphere news outlet, Wired News, is questioning RIAA's tactics. What they're describing sounds at least somewhat like a pattern (14,000 users so far) of extracting money (settlements) by threats or force.
Answers.com provides a definition of racketeering:
rack·e·teer·ing ('ra-kə-`tir-ing) n.1. The extortion of money or advantage by threat or force
2. A pattern of illegal activity (such as extortion) that is carried out in furtherance of an enterprise (as a criminal syndicate) which is owned or controlled by those engaged in such activity (see also Racketeer Influenced and Corrupt Organizations Act; compare organized crime)
The first definition, you can judge for yourself. The second part of this definition is more interesting. Is RIAA a "criminal syndicate", or barring that, is it a "corrupt organization"?
They've given us more clues recently, by going after iTunes and the fledgling satellite music industry. It's worth looking at these more closely in a future discussion.