p2pnet news view | RIAA News:- Judge Nancy Gertner has in the past shown marked impatience for Vivendi Universal, EMI, Warner Music and Sony BMG’s RIAA (Recording Industry Association of America) .
Now, “In the massive consolidated Boston case, termed London-Sire v. Does 1-4,” where she’s been presiding over five years of default judgments and forced settlements, “we have learned that the Judge held a conference on June 17th covering a number of the cases,” says Recording Industry vs The People.
RIAA lawyers were present, but although a few of the defendants were in the courtroom, there were no lawyers representing them, says the post, going on among remarks made by Gertner was »»»
… counsel representing the record companies have an ethical obligation to fully understand that they are fighting people without lawyers… to understand that the formalities of this are basically bankrupting people, and it’s terribly critical that you stop it …
Notes RIvTP’s Ray Beckerman »»»
While it is heartening to see Judge Gertner show some recognition of the unfairness in the way these cases are being handled, it is unclear how she can say that the law is overwhelmingly on the side of the record companies when she recognizes that for the past 5 years she’s only been hearing one side of the argument.
It is also disheartening that she evidences no recognition of how she has herself contributed to the “imbalance” by consolidating all of the cases, thus (a) providing the record companies with massive economies of scale not available to the defendants, (b) providing virtually untrammeled ex parte access to the Court on all common legal issues, and (c) creating a one-sided atmosphere in the courthouse that causes all defendants to abandon hope. How can Judge Gertner conclude that the settlements have come about because the law is on the record companies’ side, when she knows full well that the reason the settlements have come about is that there is no economically viable way for defendants to defend themselves?
Recording Industry vs The People – Judge Gertner admonishes RIAA lawyers to stop ‘bankrupting’ pro se defendants with ‘formalities’ in Boston consolidated cases, October 28, 2008
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