By John Borland, 19 February 2004 11:24
NEWS It's probably not the first time that record company executives have been likened to Al Capone, but this time a judge might have to agree or disagree.
A New Jersey woman, one of the hundreds of people accused of copyright infringement by the Recording Industry Association of America, has countersued the big record labels, charging them with extortion and violations of the federal antiracketeering act.
Through her attorneys, Michele Scimeca contends that by suing file-swappers for copyright infringement, and then offering to settle instead of pursuing a case where liability could reach into the hundreds of thousands of dollars, the RIAA is violating the same laws that are more typically applied to gangsters and organised crime.
"This scare tactic has caused a vast amount of settlements from individuals who feared fighting such a large institution and feel victim to these actions and felt forced to provide funds to settle these actions instead of fighting," Scimeca's attorney, Bart Lombardo, wrote in documents filed with a New Jersey federal court. "These types of scare tactics are not permissible and amount to extortion."
Scimeca is one of a growing number of people fighting the record industry's copyright infringement campaign against file-swappers, although few have used such creative legal strategies.
According to the RIAA, which filed its latest round of lawsuits against 531 as-yet-unnamed individuals on Tuesday, it has settled with 381 people, including some who had not yet actually had suits filed against them yet. A total of nearly 1,500 people have been sued so far.
The industry group says that "a handful" of people have countersued, using a variety of claims.
"If someone prefers not to settle, they of course have the opportunity to raise their objections in court," an RIAA representative said. "We stand by our claims."
John Borland writes for News.com
Comments
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1. Joe Whitehead
LOL Don't people know, that every time you use an lawyer to sue, you're taking a chance of getting sued back? Especially if you're using blanket suits, or being a particularly malicious prosecutor.
I hate to think that some lawyers like to drive up bussiness, by deliberately creating controversy... That would be fruad, or something, wouldn't it? Not that I'm saying specificly that RIAA's lawyers did that.
2. Brian Bolton
This makes we wonder if this is the appropriate way to deal with the RIAA. In the States there is a Wire/Mail Fraud offence which would appear to more suitable if a state prosecutor could be prodded into acting against the RIAA. Perhaps someone with better knowledge of this act could comment.