news view | RIAA News:- Hopes that the Obama government would bring a breath of desperately needed fresh air into the American justice system, at least in regard to the persecution of thousands of American families by the corporate music industry, have been further dampened by the news the RIAA-dominated Department of Justice has jumped into yet another case.
With ex-RIAA lawyers slotted into senior positions DoJ positions, the department has filed another Sony brief defending the RIAA statutory damages theory, says Recording Industry vs The People.
And this time, the DoJ interference comes in Sony BMG Music Entertainment v Cloud, a Philadelphia case.
In it, “the Obama Justice Department has filed a similar brief defending the constitutionality of the RIAA’s statutory damages theory that it is entitled to recover from $750 to $150,000 for a single MP3 file,” says the story, going on:
“This brief appears to have been written by a different attorney than the attorney in SONY BMG Music Entertainment v. Tenenbaum.
“Like the Tenenbaum brief, this brief likewise ignores Parker v. Time Warner, Napster, UMG v. Lindor, and Atlantic v. Brennan, and the Georgetown and University of Texas Law Review Articles, all cited in the amicus curiae brief of the Free Software Foundation in Tenenbaum.”
They’ll ‘all behave and recuse themselves properly’
That was because, “The new Obama administration is shaping up to be a disaster for Copyfighters everywhere,” he thought.
“In particular the new Department of Justice is stacked with lawyers who’ve been on the wrong side of copyright and intellectual property lawsuits for the last eight years.”
He went on »»»
First off, there’s the #3 man at Justice, Thomas Perrelli, accurately described by CNET as beloved by the RIAA. Not only has this guy been on the wrong side in the courtroom, he’s fingered as instrumental in convincing the Copyright Board to strangle Web radio in its crib by imposing impossible fee structures.
Then there’s Neil MacBride, who used to be the Business Software Alliance’s general counsel. The BSA, to its credit, hasn’t been suing teenagers. Generally their name is associated with large-scale raids on companies that are mass-producing illegal copies of software. Still, it’s an industry flak group.
Then there’s the #2 man, currently slated to be David Ogden. If that name only rings a faint bell it’s because you have to cast your mind back to Eldred v Ashcroft, the argument on whether retroactive copyright term extensions were legal. Sitting over there on Ashcroft’s side? That’s Mr. Odgen. For extra-bonus ick points, Ogden also was involved in defending the heinous COPA legislation, fortunately now dead and buried (but not forgotten).
The capper on this line-up of suspicious characters is Donald Verrilli, now up for Associate Deputy Attorney General. This specimen of legal acumen is front and center in the Cartel’s jihad, having appeared for Viacom when it sued YouTube, for the RIAA against Jammie Thomas, single mother. And if we peer back a little farther, we find Verrilli’s dirty fingerprints on MGM v Grokster.
Wexelblat quoted Julian Sanchez at Portfolio.com as believing they’ll, “all behave and recuse themselves properly and just because a lawyer consistently goes to bat for a certain kind of client doesn’t mean much about their professional views”.
We’re talking about RIAA lawyers, here.
Recording Industry vs The People – Obama DOJ files similar brief defending RIAA statutory damages theory, this time in SONY BMG Music Entertainment v. Cloud, March 25, 2009
pretty grim – RIAA gang at the DoJ, February 9, 2009
Corante – RIAA Takes Over DOJ, February 6, 2009
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