p2pnet news view | RIAA News:- In an unusual statement, Brian Toder (right), Jammie Thomas’ former lawyer, has promised his firm, “will never seek any additional payment from Jammie Thomas for the considerable work we have done in her case”.
Toder had been representing Thomas, a Minnesota mother said by Vivendi Universal, EMI, Warner Music and Sony Music’s RIAA to have been an illegal online file sharer, on and off for about 18 months.
He recently pulled out, claiming he was owed $129,485 “for time that will never be recovered, coupled with the likelihood that a similar, additional amount will be incurred if ordered to continue representation of defendant who originally caused [words missing] this firm by means of false representations”.
This was the second time he’d decided he could no longer be her attorney.
Now, having maligned Jammie by accusing her of “false representations” without explaining what he meant, “If we are to receive any funds from this case, it will be solely from plaintiffs if Ms. Thomas-Rasset ultimately becomes the prevailing party which we believe is highly possible given the caliber of the counsel and amici on her side,” Toder says.
It isn’t clear if the promise his firm “will never seek any additional payment” means Toder and his colleagues are leaving the $129,485 on the books and will ultimately expect payment from Jammie, but will not expect more on top of that; or, if he means payment he’s already received is sufficient.
Toder, while acting for Jammie, also fulsomely praised RIAA lawyer Richard Gabriel, who was doing his best to see her pilloried.
Gabriel was, “under consideration for a judgeship in Colorado and officials who were vetting the RIAA lawyer called Toder, seeking his opinion,” said p2pnet. “I gave him a very favorable rating,” Toder said.
“I think he`s a standup guy and a good lawyer. And I think he would be a good judge.”
In his letter of departure, Toder thanks Recording Industry vs The People’s Ray Beckerman, “for the help he gave us in acquiring local counsel, the help he has and continues to give others, but mainly for his tireless and noble efforts championing the cause against the destructive course of action taken by the RIAA”.
He adds, “Finally, I hope we are remembered not for withdrawing, but for the considerable time and expense we provided before we could no longer afford to stay in Jammie’s fight. Her interests are now well served, and we wish her well.”
On June 15 Jammie will, for the second time, take on the Big 4 record labels, Vivendi Universal, EMI, Warner Music and Sony Music, and their RIAA, but this time K.A.D. ‘Kiwi’ Camara, a young lawyer from Houston, Texas, will be in her corner, representing her pro bono.
The term usually means professional work undertaken without payment and often, people represented by lawyers acting for them in this way are still responsible for expenses of various kinds.
But Kiwi has promised he’s working for, and with, Jamie for free all the way down the line.
And there are additional, vital, points to be borne in mind.
The RIAA has subpoenaed approximately 40,000 innocent people, including very young children, across America, accusing them of being massive online illegal distributors of copyrighted music.
Of this staggering number, only one person — Jammie — has actually appeared in court, after which she was ordered to pay the labels almost a quarter of a million dollars in ‘damages’.
But even that turned out to be a disaster for the RIAA.
As p2pnet posted »»»
… judge Michael Michael Davis, who heard the case, declared a mistrial after admitting he`d committed a, manifest error of law when he told the jury the, act of making copyrighted sound recordings available for electronic distribution on a peer-to-peer network, without licensefrom the copyright owners, violates the copyright owners` exclusive right of distribution, regardless of whether actual distribution has been shown.
Technically inept judges
None of the RIAA file sharing cases ask, simply, Did they or didn’t they?
They all make outright accusations based on technical ‘evidence’ produced principally by MediaSentry, the seemingly incompetent Private Eye ultimately fired by the RIAA.
The Big 4 have employed MediaSentry bafflegab to confuse (to be charitable) technically inept judges, but have nonetheless been singularly unable to use MediaSentry testimony, or testimony from other bumbling RIAA ‘experts’ such as Dr Doug Jacobson, to deliver proof of wrongdoing of any kind by anyone.
However, not only has Jammie found a new lawyer, she also now has an expert witness of her own – assistant professor Yongdae Kim of the University of Minnesota
Not only but also …
The fact Jammie vs the RIAA, Part II, is going ahead on June 15 as planned may be to the serious discomfiture of RIAA hired lawyers, who may well have far rather preferred to drag things out with delays, which would have been the case had Kiwi not come forward so quickly.
One might have thought her new lawyer, the youngest person to graduate from Harvard Law school with honors, would have needed weeks or months to bring himself up to speed before taking on the RIAA.
But, he’s already prepared a lot of the groundwork via another of his cases,” p2pnet posted, going on »»»
And there`s even a connection with Harvard professor Charles Nesson who`s leading a team of law students in the RIAA vs Joel Tenenbaum case.
With Professor Charles Nesson of the Harvard Law School, we are defending Brittany English, a junior and cheerleader at Case Western Reserve University in a prosecution brought by the recording industry under the Copyright Act for allegedly illegal music downloading and sharing, he says on the site he runs with his partner, Joe Sibley, an ex-US Army Ranger, and another Harvard graduate.
Brittany is counter-suing the RIAA, its members, and the individuals who organized its litigation campaign, KAD says, continuing »»»
Armed with the threat of $150,000 in statutory damages per illegal download (a $1.5M judgment in a small, 10-song case, where the actual damages are about $10, the price of 10 songs on iTunes), the recording industry has obtained more than $100M in settlements from individuals like Brittany.
We are asking the courts to declare that statutory damages like these â 150,000:1 are unconstitutional and that the RIAA`s campaign to extract settlements from individuals by the threat of such unconstitutional damages is itself unlawful, enjoin the RIAA`s unlawful campaign, and order the RIAA to return the $100M+ that it obtained as a result of its unlawful campaign.
But that’s not all.
… the Examining Expert shall be required to disclose both the methods employed to inspect the hard drive and any instruction or guidance received from the Plaintiffs.
Ray adds »»»
To date, in the hundreds of consolidated RIAA cases assigned to her, Judge Gertner has rendered thousands of rulings based upon so-called evidence procured by MediaSentry, without ever asking for that same type of disclosure.
In fact, the RIAA and MediaSentry have steadfastly maintained that their methods are secret and proprietary.
While they are permitted to have whatever proprietary secrets they want, it is contrary to Federal law to maintain a federal litigation based upon such material.
Although it is routine in federal litigation to mandate such disclosure for any scientific or computer-based evidence, it is novel in RIAA litigation, since the courts have generally bent the rules for the RIAA, in view of the weak or nonexistent legal representation of defendants.
Let us hope that era is coming to an end, and that the RIAA will have to prove its cases just like any other plaintiff in a federal litigation has to prove its case.
And let us hope that Judge Gertner will apply the same standards to the evidence submitted to her from MediaSentry, Doug Jacobson, and any other RIAA expert.
Definitely stay tuned.
Jon Newton – p2pnet
Use free p2pnet newsfeeds for your site. It`s really easy! Subscribe to p2pnet.net | | rss feed: http://p2pnet.net/p2p.rss | | Mobile – http://p2pnet.net/index-wml.php
Net access blocked by government restrictions? Use Psiphon from the Citizen Lab at the University of Toronto. Go here for details.