Mum sues RIAA members for 'racketeering'

A mum in New Jersey has decided to play the Recording Industry Association of America (RIAA) at its own game and is suing major record labels for 'racketeering'.

Michele Scimeca was accused by the RIAA last December of uploading 1,400 copyrighted songs to peer-to-peer (P2P) site Kazaa.

Scimeca said she was targeted because her 13-year-old daughter used Kazaa for a school project, and that the RIAA urged her to settle out of court.

But with settlements ranging from $2,000 to $10,000, Scimeca said she could not afford to.

Instead, she has filed a suit under the 1970 US Racketeering Influenced & Corrupt Organizations (Rico) Act.

This is the first time anyone has invoked the Rico statute - first introduced to help victims of organised crime and make it easier for them to seek compensation - in the music copyright battles.

Labels are using scare tactics that amount to extortion, Scimeca alleges in legal papers sent to the US District Court in Newark.

But legal experts said the next step will be convincing the court that the allegations deserve a jury trial.

Scimeca is seeking unspecified damages from Sony Music Entertainment, UMG Recordings and Motown.

But in a statement the RIAA said it stood by its claims.

Meanwhile, the association launched another 500 lawsuits against P2P users yesterday.

See also:

RIAA website nears week-long outage

Music industry body likely to have been targeted by DDoS attack from MyDoom.F  23 Mar 2004

P2P vs RIAA heads back to court

Industry body challenges ruling that P2P sites can have legitimate uses  04 Feb 2004

RIAA goes lawsuit loopy

US trade body files biggest number of suits yet as P2P crackdown continues  22 Jan 2004

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