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Judge Michael Davis ‘really does get it!’

p2pnet news view RIAA | P2P:- We’ve been writing about Matt ‘The Dentist’ Oppenheim literally for years and if there’s any one RIAA hitman who needs to be tarred and feathered and then run out of  town, it’s  him.

Theoretically, he doesn’t work for Warner Music, EMI, Vivendi Universal and Sony BMG’s RIAA any more but somehow, he keeps on turning up in RIAA cases — including the one in which the RIAA is trying to railroad Jammie Thomas.

Again.

p2pnet posted »»»

He acquired the sobriquet following his attack on Jesse Jordan in 2004.

He left the RIAA (Recording Industry Association of America) to work for Jenner & Block, another Big 4-favoured law firm.

Said RIAA president Cary Sherman at the time:

While we are disappointed that Matt is leaving, we are delighted that he will be joining the firm of Jenner & Block where we will continue to rely on him.

Truer words were never spoken.

Oppenheim once said the “Fourth Amendment does not apply to (the RIAA),” speaking of the lawsuits filed by the RIAA against file-sharers.

Now, “I know that this entire post is outside of my normal, dry, reporting-the-news editorial style,” says Ray Beckerman on Recording Industry vs The People, going on:

“I apologize. But I am beyond thrilled. All I can say is Hip-Hip-Hurray for District Judge Michael J. Davis, a quality jurist if ever there was one.”

What has him so  excited?

Judge Davis really does get it!” – says Beckerman, continuing »»»

Record companies must bring “officers or other managing agents” to settlement conference in Thomas(#RIAA)

If there were any doubt left in anybody’s mind as to whether District Judge Michael J. Davis, the extraordinary judge who presided over the ill fated October, 2007, first trial in Capitol Records v. Thomas, finally “gets it” about whom he is dealing with, and the toxic effect the RIAA, Matthew Oppenheim, and their legal team have had, and that doubt has not yet been removed by:

-his sua sponte calling a penalty on himself, and noting that the RIAA lawyers had failed to call to his attention controlling contrary 8th Circuit authority;

-his setting aside of the verdict due to that RIAA-created error;

-his noting in his decision setting aside the verdict that the outlandish size of the verdict was absurd, and calling upon Congress to prevent any similar recurrences; and

-his scheduling a two-day settlement conference for March 30th and 31st…….

all doubt should now be removed, by an order which he signed on February 25th, and which was filed by the Clerk today, laying out the parameters of the March 30th-March 31st settlement conference:

In the order he specifies that each of the plaintiff record companies must appear at the conference by “a duly authorized officer or managing agent”. [I.e. NO MATTHEW OPPENHEIM standing in for the record companies, as he was permitted to do in Brooklyn]. And lest there be any doubt about his meaning, he elaborates: “each party must attend through a person who has the power to change that party’s settlement posture during the course of the conference. If the party representative has a limit, or ‘cap’ on his or her authority, this requirement is not satisfied.” (underscoring in original)

Stay tuned.  :)

Jon Newton – p2pnet


February , 2009


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4 Responses to “Judge Michael Davis ‘really does get it!’”

  1. Reader's Write Says:

    We’ve been writing about Matt ‘The Dentist’ Oppenheim literally for years and if there’s any one RIAA hitman who needs to be tarred and feathered and then run out of town, it’s him

    RIAA? What RIAA?

    The RIAA is sinking right now as we speak.

    This does not mean that we are not going to go after the parasites floating around such as Oppenheim.

    If they think the can hide somewhere until we forgot about them they are worng!

    Honney! Give me the pest killer!

  2. Reader's Write Says:

    Obama is actually OBushMa:

    http://www.humblelibertarian.com/2009/02/obama-bush-comparisons-10-ways-barack.html

    A List of Obama Bush Comparisons: 10 Ways Barack Obama Is Just Like George W. Bush

    (to add to p2pnet posts that list old RIAA friends in the new Department of Injustice)

  3. Reader's Write Says:

    I am very glad that the Judge “gets it”.

    I would also caution that the RIAA’s passing might not be the blessing it looks to be. Nowhere did they repeat that they were going to quit the sue’em all. They in an off handed way said that maybe the RIAA might not be doing it. Until they flat out come and and say it’s over, I’ll hold my reservations. Even if they do, I’ll still hold them after what came to be a lie in the statement that the RIAA was not going to continue with sue’em all. They continued to do so after the date of the announcement.

    To me it looks more like some fancy footwork to set it up where in the future, the heads of direction and the investigative body will be outside the US and harder to come to grips with when it comes to court cases. It’s hard to get results when the opponent will be using the “out of your jurisdiction” till the ink is worn out of the document.

  4. www.eZee.se Says:

    > The RIAA is sinking right now as we speak.
    Yep, in quicksand… jump on their heads to push them down faster.

    >Honney! Give me the pest killer!
    Nooo! Dont waste the pest killer! Stamping/stomping on these parasites gets that lovely crunchy sound… much more satisfying!

    Cheers!
    CJ

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