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  RIAA sued under gang laws
Time: 02:53 EST/07:53 GMT | News Source: CNET | Posted By: Alex Harris

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 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."

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#1 By 135 (209.180.28.6) at 2/19/2004 10:35:38 AM
What a bull donkey lawsuit. I'm sorry, but giving people the option of settling out of a lawsuit is not extortion. It's not at all equivalent to threatening to break their knee caps or buying them concrete overshoes.

#2 By 14158 (170.12.2.132) at 2/19/2004 1:40:08 PM
Agreed. However, anything that stresses to the RIAA that these lawsuits are unacceptable is not necessarily a bad thing.

#3 By 135 (209.180.28.6) at 2/19/2004 2:23:58 PM
Then we should give the RIAA some other option, perhaps by criminalizing copyright infringement. Then they could produce the evidence to the district attorney's office and have the people brought up on misdemeanor or felony charges.

Right now copyright violations are a civil manner, which means the only remedy is to file a civil lawsuit. As such, that RIAA's lawsuits are necessary.

What is unacceptable is services such as Kazaa, Napster, etc.

#4 By 61 (24.92.223.138) at 2/19/2004 3:26:20 PM
What is wrong with Napster? It is a legit online music store now.

#5 By 1845 (67.161.212.73) at 2/19/2004 3:59:08 PM
CPU - I think he meant 1.0 not 2.0

blue - here, here!

Glen - if someone illegally stole your means of making money, I suspect you'd sing a different song. There is nothing wrong with the RIAA's lawsuits. The problem is the theiving pirates. Let's not defend the guilty and attack the innocent.

#6 By 1845 (67.161.212.73) at 2/19/2004 5:41:59 PM
If you are an artist, which I doubt, you're either not a very good one, you have little business sense, or some combination of the two. If you had a clue and had good music, you wouldn't be "slav[ing] away at [your] horrible wage."

The bottom line is that people should obey the law. Artists can give their stuff away if they want. (Note the if.) They can sell it if they want. They can make CDs and have no tours or have tours and no CDs. It's their choice what to do. Pirates are thieves, who act contrary to the wishes of the artists.

Your "argument" is mostly crap. I'm not even sure why I bothered responding.

#7 By 3339 (64.160.58.135) at 2/19/2004 6:52:56 PM
Pongo, don't mind Bob: his idea of a great "artist" is Justin Timberlake.

Bob, sorry, just kidding.

#8 By 20505 (216.102.144.11) at 2/19/2004 11:07:07 PM
gentlemen,

an ancillary question. when should an artist loose control over their copywrited works? to my knowledge the disney mouse has been legally protected for over 50 yrs and looks to go on being protected for another 50 at the very least. should tolkien's great great grandchildren still have exclusive rights to his work?


#9 By 19992 (68.69.127.19) at 2/19/2004 11:39:41 PM
Bob
In your reply here, you stated Artists can give their stuff away if they want. (Note the if.)

This is not true. The record label has the primary say in what the artist can/cannot do with their music.

I agree with the issue of this being piracy, but I would like to see some form of service (built on Kazaa, Limewire, etc) that allows me to preview an album (all songs for the full length) for a limited time. After this time is up I either pay for the album (my choice of formats) or the songs no longer play.

#10 By 135 (209.180.28.6) at 2/20/2004 11:10:19 AM
I agree with Bob!

happyguy - "The record label has the primary say in what the artist can/cannot do with their music. "

That's because the artist signed away their copyrights to the record label in exchange for money. Completely different issue outside of copyright infringements.

#11 By 19992 (164.214.4.61) at 2/20/2004 12:24:24 PM
#15
I agree the artist has signed away his/hers/their rights to the music when they signed a contract. This would support my statement that when Bob said Artists can give their stuff away if they want. he was wrong.

#12 By 2960 (68.101.35.196) at 2/20/2004 1:16:51 PM
#1,

The way I see it, is IS the same thing. The only difference is the 'threat' is hugely financial instead of physical.

I don't think there is a distinction in the law as to what the threat actually is, but I'm not a lawyer and haven't played one on TV yet :)

TL

#13 By 135 (209.180.28.6) at 2/20/2004 3:56:39 PM
happyguy - In your case the artist made a choice to give their stuff away to someone else.


#14 By 1845 (67.161.212.73) at 2/20/2004 3:57:29 PM
happy - the artist has the right to do what he wants with is work. If he signs it over to someone else (Sony, Virgin, etc.), he gives up that right and the work is no longer his.

#15 By 19992 (68.69.127.19) at 2/20/2004 11:45:34 PM
Soda and Bob - It's not much of a choice. Either sign with a label or flip burgers.

Many artists (such as Bruce Springsteen, Sting, R.E.M., Bonnie Raitt, Madonna, Eric Clapton, Dave Matthews, Billy Joel, Elton John, Linkin Park, Aimee Mann, No Doubt, Puddle of Mudd, Staind and Static-X.) are currently fighting against the contract vehicles in use by the RIAA, so far they have not suceeded in having the terms changed. Bearing that in mind, can you really say that the artist can do what they will with their music?

http://www.recordingartistscoalition.com/

#16 By 19992 (68.69.127.19) at 2/20/2004 11:47:07 PM
Soda and Bob - It's not much of a choice. Either sign with a label or flip burgers.

Many artists (such as Bruce Springsteen, Sting, R.E.M., Bonnie Raitt, Madonna, Eric Clapton, Dave Matthews, Billy Joel, Elton John, Linkin Park, Aimee Mann, No Doubt, Puddle of Mudd, Staind and Static-X.) are currently fighting against the contract vehicles in use by the RIAA, so far they have not suceeded in having the terms changed. Bearing that in mind, can you really say that the artist can do what they will with their music?

http://www.recordingartistscoalition.com/

#17 By 1845 (67.161.212.73) at 2/21/2004 12:26:59 AM
grinder - there's another option...obey the law and you don't have to worry about it. If people haven't broken the law, they have nothing to be afraid of. If they have, then they owe money for stolen property. The fault lies with the pirates, not with those who got ripped off.

happy - yes. I know an artist who promotes himself. He and his group do shows and sell CDs. The group's name is InsideOut. I knew Jason Smith about four years ago, when he was still a programmer at BYU.

Do I think that artists will probably make more money if they join a label? Yes. They get distribution, publicity, etc. Would we have ever heard of most groups if not for big labels? No, probably not. In joining with a label, the artists make far more than they likely ever would have made otherwise. I don't feel one ounce of pity for the artists that signed with labels. As for artists negotiating for better contracts, this is no different than anyone else doing that in any other industry.

#18 By 19992 (68.69.127.19) at 2/21/2004 1:42:45 PM
Bob

From USAToday

Producer Steve Albini, trashing label practices in The Baffler magazine, outlines a hypothetical but typical record deal that bestows a $250,000 advance on a young band. The album sells 250,000 copies, earning $710,000 for the label. The band, after repaying expenses ranging from recording fees and video budgets to catering, wardrobe and tour bus costs, is left
$14,000 in the hole on royalties.

http://www.usatoday.com/life/music/news/2002-09-15-artists-rights_x.htm

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