Judge Gertner still listens to MediaSentry
p2pnet news view | RIAA News:- For those of you who may think District Judge Nancy Gertner has finally recognized the RIAA’s cases are not based on sufficient evidence, sound legal theory, or proper pleading, I just want to let you know she continues to enter default judgments, based on the RIAA’s written submissions.
I’ve never reported on default judgments, and don’t intend to start doing it now, but if anyone wants to check for themselves, they can go to Capitol Records v Alaujan, D. Mass., 03-11661, the consolidated case for all of Massachusetts, and see for themselves.
It’s mind boggling to me that a judge, after learning the Massachusetts State Police have preliminarily determined that evidence upon which the RIAA’s cases rest was obtained illegally, would enter judgments based on that evidence without even conducting a hearing.
It’s likewise mind boggling to me that any judge would accept a default judgment application based on:
(a) evidence that would be inadmissible in court; and
(b) a cookie cutter pleading which patently fails the test of Bell Atlantic v Twombly.
Needless to say, I’m of the view that District Judge Janet Bond Arterton (D Conn.) got it right in Atlantic Recording v. Brennan, and former District Judge Rudi M. Brewster (SD California) got it right in Interscope Records v. Rodriguez, when they held the RIAA’s default judgment applications are improper, and rejected them.
Ray Beckerman – Recording Industry vs The People
January , 2009
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