from the take-'em-down-dano dept.
NewYorkCountryLawyer writes "In Atlantic Recording v. Raleigh, an RIAA case pending in St. Louis, Missouri, the defendant has asserted detailed counterclaims against the RIAA for federal RICO violations, fraud, violation of the Computer Fraud and Abuse Act, prima facie tort, trespass, and conspiracy. The claims focus on the RIAA's 'driftnet' tactic of suing innocent people, and of demanding extortionate settlements. The RICO 'predicate acts' alleged in the 42-page pleading (PDF) are extortion, mail fraud, and wire fraud. The proposed class includes all people residing in the US 'who were falsely accused ... of downloading copyrighted sound recordings owned by the counterclaim Defendants and making them available for distribution or mass distribution over a P2P network and who incurred costs and damages including legal fees in defense of such false claims' or 'whose computers used in interstate commerce and/or communication were accessed ... without permission or authority.' This is the second class action of which we are aware against the RIAA and the Big 4 recording companies, the first being the Oregon class action brought by Tanya Andersen, which is presently in the discovery phase."