An Oregon mom is fighting back. She is suing the RIAA for being in violation of the Oregon RICO Act in addition to ‘fraud, invasion of privacy, abuse of process, electronic trespass, violation of the Computer Fraud and Abuse Act, negligent misrepresentation, the tort of “outrage”, and deceptive business practices.’ She is also demanding a trial by jury.
The Rico ACT. Basically, I think the RIAA is guilty of Extortion (as they sue, but demand a settlement. None of the suits have gone to trial). It could possibly be guilty of price-fixing. My problem with these RIAA lawsuits is that they are vague. They really prove nothing. They have not done a criminal investigation with any law enforcement agency (to my knowledge). All they have been doing is gathering IP addresses, making assumptions, and then suing.
I’m only surprised that someone hasn’t done this sooner. It is obvious that the RIAA has been picking people who they know can easily be bullied. You didn’t see them go after any poor inner-city folk, did you? I believe they are abusing the legal system every bit as much as the people they are harassing.
I agree with those who say that the recording industry in the US needs to make major changes. Artists should be paid for their work, not the fat cat execs.
Rog
Yeah, there is an interesting article about Music Managers being unhappy with iTunes music store. They get 17.56% of an online sale I believe. They say something like 6%. Who knows. I think artists should receive the bulk of the profits, but the RIAA does not think so.
The best model of how the industry SHOULD be run is CD Baby. The label gives 90% of sales back to the artists. That’s the way it should be.
Amen. When I buy an album, I’m supporting the artist. A good artist doesn’t need a good label to succeed, it’s the other way around. As such, artists should be getting every penny not used in the recording and production process.