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How the RIAA has Dodged RICO Charges 126

Gerardo writes "Wondering why the RIAA hasn't been hit with racketeering charges over its shady legal fight against file-sharing? Ars Technica looks at why the RIAA has been able to dodge RICO charges. '"Right off the bat there are some problems with the predicate claims for RICO," explained IP attorney Rich Vazquez. "You have to have a pattern of racketeering activity: either criminal acts where there is a one-year jail penalty, or mail or wire fraud." Any RICO action brought against the RIAA would have to focus on the wire fraud component, likely accusing the record labels of poking around someone's PC without permission.' That's going to be a difficult argument to make, given that Kazaa's default settings give users no reasonable expectation of privacy."
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How the RIAA has Dodged RICO Charges

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  • by Anonymous Coward on Monday May 07, 2007 @01:56PM (#19024145)
    It really came down to the fact that I have not murdered anyone. Yet.
  • by JoelMartinez ( 916445 ) on Monday May 07, 2007 @02:11PM (#19024405) Homepage
    Maybe that just means that any documents like that don't actually exist, and that the RIAA isn't actually a corrupt organization. How's that ;-)
  • by Anonymous Coward on Monday May 07, 2007 @04:37PM (#19026989)

    I'll mock up a screenshot showing anything you like if you give me an hour or so.

    I would like to see Steve Ballmer's Ubuntu 7.04 GNOME desktop. He is using Evolution to compose a message to billg, suggesting they drop this whole silly Vista business and rebuild Windows on a stable Unix base. His signature uses ASCII art of a fluffy kitten holding his business card.

    An Open Office document is also visible, explaining in Ballmer's own words that it's ok Linux is built on "Interlectural Propperty" stolen from Microsoft, because Linux had it first.

    Amarok is visible, playing the sort of song we can imagine Mr Ballmer humming along to.

    You are free to add other touches.

    You have forty-five minutes.

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