RIAA thumbs its nose at judge
p2pnet news | RIAA News:- Recording Industry vs The People’s Ray Beckerman has turned out to be dead wrong in an important RIAA sue ‘em all case.
Suzy Del Cid, from Florida, was, said the RIAA, another of those massive illegal online distributors of copyrighted music.
Del Cid, in turn, charged the RIAA with:
- Trespass
- Computer Fraud and Abuse (18 USC 1030)
- Deceptive and Unfair Trade Practices (Fla. Stat. 501.201)
- Civil Extortion
Judge Richard A. Lazzara threw out the RIAA’s demand for a dismissal of Del Cid’s allegations, and when identical counterclaims came in Atlantic v Boyer, Beckerman forecast:
[...] the record companies dare not challenge their validity because the judge presiding over the case is the very same Hon.Richard A. Lazzara who wrote the Del Cid decision.
The RIAA lawyers can’t make a motion to dismiss the counterclaims this time around.
If they did, the judge would probably slap them with Rule11 sanctions.
So they’ll have to hold their tongues and let it play out, with the accusations of their clients’ criminality being litigated on the merits, with full pretrial discovery.
Wrong, Ray. Wrong. You give them too much credit.
Nothing loathe, the RIAA nonetheless made a motion for dismissal last night —-
—- and this morning Lazzara promptly threw it out also, significantly, telling the defendants they needn’t bother filing any kind of response, instead ordering the RIAA to come up with answers and defenses to the counterclaim within 10 days, says Recording Industry vs The People.
Will Beckerman’s thought that the judge might apply Rule11 sanctions for frivolous and improper litigation become reality?
Stay tuned.
.
.Stumble It!
identical counterclaims – RIAA in deep trouble with new case, April 9, 2008
Recording Industry vs The People -Counterclaims for extortion, conspiracy, trespass, consumer fraud & abuse, abuse of process upheld in Atlantic v. Boyer, May 6, 2007
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May 6th, 2008 at 2:36 pm
I guess I underestimated even their stupidity.
Well I hope I’ve learned something from this experience.
I’ve drafted this pop quiz for the litigation buffs out there:
The facts.
A lawyer just filed a 30-page brief in which he (a) devoted 28 pages to repeating the same arguments he had made in a motion that was decided less than 8 months earlier, and (b) devoted 3 pages to telling the judge that his previous ruling was “wrongly decided”.
Question #1
What will happen?
(a) The lawyer will win the motion.
(b) The lawyer will lose the motion.
(c) The lawyer will have to find a new line of work.
(d) Both (b) and (c)
Question #2
If you are the client who pays lawyers to do things like that you are
(a) A smart businessperson
(b) A moron
(c) A fool
(d) Both (b) and (c)
May 6th, 2008 at 3:09 pm
The answers are (a) and (a), as long as the right people are ‘reached’.
Otherwise, for the normal layperson, the answers are (d) and (d).
Hmmmm, geddofff…
May 6th, 2008 at 8:28 pm
Umm Ray… 28 pages of repeated arguments + 3 pages of explanations = 31 page brief
It’s a little trick I like to call “Math” (ah, good ol’ Dilbert, so applicable).
Nonetheless, point taken. And I like the quiz. I would have to agree with George’s answer… d and d
(I really hope I passed!)
May 6th, 2008 at 9:30 pm
They work on the principle that if you throw enough mud some will stick. No matter that it’s the same mud already rejected beforehand. The thing is, will the judge recognize it, or will he/she be the kind who doesn’t do his homework or has a short memory? It’s just bad luck to get the same judge again huh?
May 7th, 2008 at 11:54 am
This is the level of respect show by these foreign parasites for our law our governement and our institution.
Those of them who are US citizen should be jailed for treason and those who are not should be extradited to Burma where they belong.
We don’t need fascists or terorists in our contry nor can we afford to keep them there.
May 7th, 2008 at 12:33 pm
“This is the level of respect show by these foreign parasites for our law our governement [sic] and our institution.”
Are you referring to the RIAA’s lawyers? What makes you think they’re foreign? A bit of xenophobic angst, eh?
“We donât need fascists or terorists in our contry nor can we afford to keep them there.”
You’re proposing to ship out all the skinheads and many members of Bush’s administration, then.
May 7th, 2008 at 3:26 pm
“I guess I underestimated even their stupidity.”
How is that even possible?
May 11th, 2008 at 3:12 am
I guess they’re still so arrogant they feel no-one should dare question their propaganda
May 23rd, 2008 at 11:57 pm
God, I hate the RIAA. Can’t we just hunt them down like dogs and kill them all???