I am and I've actually gone to trial on several Civil RICO suits over the last 15 years. The case doesn't stand a chance unless they can show that RIAA has engaged in a pattern of racketeering activity, which typically requires one or more schemes to commit fraud supported by at least two predicate acts (i.e. mail and/or wire fraud) commited within the previous ten years, that would have continued indefinately if the scheme had not been uncovered. I don't see the fraud or the predicate acts that are absolutely necessary under the RICO Act for simply suing people for stealing music in violation of the Copyright Laws and then offering to settle with them for a fraction of what they could be liable for if their cases went to trial.
2) The RIAA has demanded internet service providers turn over their membership rolls for the sole purpose of filing lawsuits against people who are not doing anything wrong.
3) The people sued by and large are not in a position to fight back from a lawsuit of this kind and so they are forced to settle out of court, and the RIAA knows it.
Are you familiar with the grandmother that was sued in the first round of lawsuits? The RIAA insisted on suing her even though she did not even own a personal computer. They were forced to drop the suit but strongly hinted they might refile it in the future. And you are telling me this is not extortion tactics?
Sorry, but you are dead wrong on this one.
I'm not a lawyer, but I wondered how the RICO statutes could work considering that while RIAA may use questionable ethics, they are still well within their rights as far as violations of Copyright Law.
Again, thanks, for making a clear interpretation of what is necessary under Civil RICO.
Keep the Faith for Freedom
Greg