Thursday, February 19, 2004

AT LAST, AN RIAA LAWSUIT WE CAN ALL ENJOY: Michele Scimeca, from New Jersey, is being sued by the RIAA under its scattergun threatening actions. But she's not going to take it. She took one look at the letter from the RIAA, telling her to pay up or else be dragged into an expensive court case, and she brought an action claiming extortion and racketeering against the music industry organisation. The Star-Ledger reports:

Scimeca's case... cites the Hobbs act: Paying the music labels would deprive her of money she could spend on interstate commerce, her lawyer explained. Because the so-called extortion papers were delivered via the postal system, and potentially affect Scimeca's bank account, her countersuit also cites mail- and bank fraud laws.

Clearly the RIAA is a big bunch of bullies, but it's not so clear if they're - legally speaking - racketeers. Scimeca's main problem will be getting her case in front of a jury, where she'd stand a good chance of winning; as with many things - it's all down to the judge.


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