p2pnet.net news:- The Patti Santangelo vs the RIAA case has taken on a bizarre, new twist.

“A very strange mystery document has turned up in Elektra v Santangelo,” says Ray Beckerman on Recording Industry vs The People.

He goes on:

This is the case in which Judge McMahon denied the RIAA’s motion to dismiss “without prejudice”, and said that it either had to prepare for trial and go to the pretrial conference on April 13th, or it had to enter into a stipulation of dismissal with prejudice no later than April 1st.

According to the court records the following bizarre mystery document was filed by the RIAA late Friday:

Mystery Document (Stipulation of Dismissal Signed by Richard L. Gabriel only and filed as a “Notice”)

The lawyers among you will understand how bizarre this is. For the non-lawyers:

1 - After the answer has been filed (which happened a long long time ago in this case) the only way a stipulation of dismissal can be entered into is if all parties sign it; this document was not signed by defendant’s lawyer;

and

2 - There is no such thing as electronic filing of a stipulation in this Court; any stipulation is supposed to be submitted to the Stipulations and Orders clerk by email for submission to the Judge.

New York mother Patti Santangelo is absolutely determined to take her case to a jury to clear her name and have her case dismissed ‘with prejudice’, meaning Warner Music, EMI, Vivendi Universal and Sony BMG’s RIAA can’t dredge it up again at some later date.

But the RIAA (Recording Industry Association of America) wants to drag it out as long as it can while it continues to go after her children, Michelle and Bobby.

“Nor does the RIAA want a date set for a trial,” said p2pnet. “It wants to keep things going without resolution for as long as possible knowing that, unlike Santangelo, a single mother of five, it has the financial and legal resources to be able to do so; and, that it’ll have to answer its allegations in depth and in detail if and when it’s actually forced to try to prove its case in a court before a jury.

“And that’s something it wants to avoid at all costs.”

Is this, in some strange way, the beginning of the end of Patti Santangelo’s fight with the Big 4 and if it is, will it also flow down to Michelle and Bobby?

That would be nice, but it’s just the RIAA doing its thing.

Meanwhile, “Mrs. Santangelo does not have to remain permanently ‘in chancery,’ she is entitled to have her legal status resolved one way or another,” wrote judge Colleen McMahon, who’s hearing the case.

“This case is two years old.”

Slashdot it!

Also See:
Recording Industry vs The People - Mystery Document Filed in Elektra v. Santangelo, March 30, 2007
go after her children - Us, Them, p2p and file sharing, December 9, 2006
p2pnet - RIAA vs Patti Santangelo saga, March 13, 2007
Colleen McMahon - Santangelo, Foster and the RIAA, March 13, 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!

This entry was posted on Friday, March 30th, 2007 at 7:07 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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