RIAA wasted move in Foster case
p2pnet.net news:- The Big 4 music cartel could be its own victim in the latest installment to the Debbie Foster versus the RIAA saga.
Oklahoma mother Foster is trouncing the RIAA, the Big 4 enforcer, and its hired-hand law firm, Holmes Robert & Owens.
Now the cartel’s RIAA (Recording Industry Association of America) has, “moved for ‘reconsideration’ of the Court’s order determining that Ms. Foster is entitled to an award of her reasonable attorneys fees, the RIAA’s motion for permission to file a reply brief – responding to Ms. Foster’s opposition papers – has been granted,” says Recording Industry vs The People’s Ray Beckerman.
“Judge Lee West gave the RIAA until March 22nd to file the additional papers.”
What does this mean in practical terms?
“The judge is letting the RIAA spend even more money on legal fees,” Beckerman told p2pnet, going on:
A reply brief, in the context of a reconsideration motion, is superfluous. The only permissible basis for a reconsideration is establishing to the judge that he or she overlooked something.
If you haven’t made a case for that in your initial papers, you haven’t made it. The sole basis for reply papers is to respond to new matter in the opposition papers; nothing defendant said in her opposition papers, or that the RIAA is saying in its reply papers, is of any moment to the judge on a reconsideration motion.
Bottom line, the RIAA’s lawyers are once again playing their client for a sucker.
The HR&O lawyer in this case is Richard Gabriel (above right).
Also See:
trouncing the Big 4 – Debbie beats the RIAA. Again., March 16, 2007
Recording Industry vs The People – RIAA Gets Permission to File Reply Brief in Support of “Reconsideration” Motion, March 16, 2007
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Tired of being treated like a criminal? They depend on you, not the other way around. Don’t buy their ‘product’. Do bug your local politicians. Use emails, snail-mail, phone calls, faxes, IM, stop them in the street, blog. And if you’re into organizing, organize petitions, organize demonstrations and then turn up on your local political rep’s doorstep, making sure you’ve contacted your local tv/radio station/newspaper in advance. Don’t just complain. Do something!
March 19th, 2007 at 9:38 pm
I’m beginning to wonder just whose side the xxAA’s lawyers are really on.
March 20th, 2007 at 2:05 am
the greedy money side they are on.
March 20th, 2007 at 12:51 pm
You know, I have always been thinking that that the **AAs were not stupid – that they knew exactly what they were doing.
I had been assuming that they had all the high priced lawyers advising them on what to do in order to make the most money.
After reading this, I’m not too sure now.
Could it be that the **AAs have just all been hoodwinked by their own lawyers?
March 21st, 2007 at 12:59 pm
They’re LAWYERS for crying out loud!!! They’re on their OWN “greedy money side” just like ANY other lawyer(s). DOH!!!
March 21st, 2007 at 1:01 pm
no duhhhhhhhh!!!!!!!!!!! ya think??????????
March 21st, 2007 at 1:08 pm
we won’t take it and the courts are beginning to see it OUR way!
My hope is for some day very soon our ‘legal system’ sees the **AAs for the crooks they are and turn on them charging them with FRIVILOUS LAW SUITS forcing them to pay back ALL the money they racketeered and extorted from people putting them completely out of business! NO MORE **AAs!!!! …wouldn’t THAT be nice?
…AND, of course, the end of ALL DRM which it looks like is just now starting to take place with what is going on in Germany.