[opendtv] Re: News: RIAA coutersued for RICO violations et al
- From: Tom Barry <trbarry@xxxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Sun, 02 Oct 2005 19:49:00 -0400
This may be the well positioned case we have been waiting for and I=20
recommend everyone read the details at the posted link.
As I'm sure some here will remind me, I am not a lawyer. But I tend to=20
follow these things and I'll wager the plaintive has a very good case on =
this one. It's being backed by the EFF, which I strongly support both=20
with money and with my open source video filters on my web page.
Among other things it may begin to decide whether personal computers are =
indeed protected from malware under the Computer Fraud and Abuse Act=20
(see quote below) because she personally uses that computer for=20
interstate e-commerce, as we all do. That previous exception had=20
previously made it look like maybe only big company computers were=20
protected from infiltration.
And if nothing else it will likely make public some questionable=20
excesses by the RIAA and their representatives. I certainly hope this=20
one goes to trial.
- Tom
-----<quote>---------
Under the provisions of the Computer Fraud and Abuse Act (18 U.S.C. =A7=20
1030) it is illegal to break into another person=92s private computer to =
spy, steal or remove private information, damage property, or cause=20
other harm.
26. Ms. Andersen regularly used her personal computer to communicate=20
with friends and family across the country and for interstate=20
e-commerce. Ms. Andersen had password protection and security in place=20
to protect her computer and personal files from access by others.
-----</quote>----------
Kon Wilms wrote:
> http://recordingindustryvspeople.blogspot.com/2005/10/oregon-riaa-victi=
m-fights-back-sues.html
>=20
> Oregon RIAA Victim Fights Back; Sues RIAA for Electronic Trespass,
> Violations of Computer Fraud & Abuse, Invasion of Privacy, RICO, Fraud
>=20
> ATLANTIC V. ANDERSEN
>=20
> This is the case peer-to-peer file sharers have been waiting for. Tanya=
> Andersen, a 41 year old disabled single mother living in Oregon, has
> countersued the RIAA for Oregon RICO violations, 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.
>=20
> ...
> =20
> =20
> ----------------------------------------------------------------------
> You can UNSUBSCRIBE from the OpenDTV list in two ways:
>=20
> - Using the UNSUBSCRIBE command in your user configuration settings at =
FreeLists.org=20
>=20
> - By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word =
unsubscribe in the subject line.
>=20
>=20
----------------------------------------------------------------------
You can UNSUBSCRIBE from the OpenDTV list in two ways:
- Using the UNSUBSCRIBE command in your user configuration settings at
FreeLists.org
- By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word
unsubscribe in the subject line.
Other related posts: