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:
- Computer Fraud and Abuse (18 USC 1030)
- Deceptive and Unfair Trade Practices (Fla. Stat. 501.201)
- Civil Extortion
[...] 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?
. .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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