Ars Technica ponders how the MafiAA have managed to avoid RICO charges so far in the file-sharing extortion racket.|
"Right off the bat there are some problems with the predicate claims for RICO," explained 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 the angle Andersen took, accusing the RIAA of directing "its agents to unlawfully break into private computers."Maybe, but one would expect that rampant false testimony from the MafiAA would be getting them shot down a lot faster.
The weakness with that argument comes from Kazaa itself.