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 sued for alleged music-swapping by the Recording Industry Association of America, has countersued the big record labels, charging them with extortion and violations of the federal anti-racketeering 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 organized 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."
Ms. 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.
http://www.globetechnology.com/serv...218.gtriaa0218/BNPrint/Technology/?mainhub=GT
A New Jersey woman, one of the hundreds of people sued for alleged music-swapping by the Recording Industry Association of America, has countersued the big record labels, charging them with extortion and violations of the federal anti-racketeering 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 organized 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."
Ms. 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.
http://www.globetechnology.com/serv...218.gtriaa0218/BNPrint/Technology/?mainhub=GT
