The Recording Industry Association of America (RIAA) is facing a countersuit accusing it of violating US racketeering laws in its treatment of suspected file sharers, it emerged last week.
Lawyers working on behalf of New Jersey resident, Michele Scimeca have argued that by suing those found to be swapping music files on the internet, and then offering to settle instead of pursuing plaintiffs to the fullest extent of their liability, the RIAA is utilising tactics often employed by gangsters.
"This scare tactic has caused a vast amount of settlements from individuals who feared fighting such a large institution and fell victim to these actions instead of fighting," documents filed by Ms Scimera's legal team with the New Jersey federal court explained.
The racketeering countersuit is thought by many experts to be a long shot, and has surprised even civil rights groups such as the Electronic Frontier Foundation. Speaking to CNET News.com, the EFF's legal director, Cindy Cohn observed that:
"It is the first I've heard of anyone attempting that. I guess that is a silver lining of the fact that the RIAA is suing so many people, that there are a lot of lawyers trying to figure out ways to protect folks."
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