p2pnet news view | RIAA News:- ‘Pro hac vice’ is legal Latin for “for this occasion” or “this event,” and it signals the RIAA’s Prince of Darkness, as Recording Industry vs The People’s Ray Beckerman once dubbed Matt ‘The Dentist’ Oppenheim, has been hired on to help the RIAA and Holme Roberts & Owen hit teams try to finally dispose of Jammie Thomas-Rasset.

Oppenheim used to work directly for the RIAA, but these days freelances as a supervisor in many, if not most, of the ‘trade’ organisations attacks on Vivendi Universal, EMI, Warner Music and Sony Music customers such as Jammie.

The RIAA, the Big 4’s extortion unit, accuses this mother of four of being a “conscienceless ‘violator’ of corporate copyrights who, along with others of her ilk, are steadily and routinely depriving honest, but hard-pressed, music industry companies of their rightful earnings,” said p2pnet yesterday.

This is the RIAA’s second effort against Jamie.

The only suggestion she’s ever downloaded, or shared music on discredited p2p file sharing application Kazaa, came from MediaSentry, an equally discredited company used by the RIAA (and later fired by the RIAA) to collect ‘evidence,’ we said, going on:

“Soon after the case was over, however, judge Michael Davis, who’d heard it, declared a mistrial, admitting he’d committed a, “manifest error of law” by telling 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”.

Now, “next Monday, because the two sides failed to reach a settlement agreement, Jammie and her lawyer, Kiwi K.A.D. Camara, will be standing alone against the RIAA legal teams.”

Says Beckerman in Recording Industry vs The People

In Capitol Records v. Thomas, on Monday, Matthew Oppenheim sought, and was immediately granted, pro hac vice admission.

In other developments:

-plaintiffs filed an amended exhibit list on Monday;
-defendant yesterday filed her reply brief in support of her motion to suppress the MediaSentry evidence;
-defendant this morning filed a motion to dismiss for lack of subject matter jurisdiction, on the ground that the RIAA does not have admissible evidence of the copyright registrations;
-argument of the various outstanding in limine motions was conducted this morning, and decision reserved;
-also in this morning’s argument, the Court denied the motion to dismiss as premature:

Minute Entry for proceedings held before Chief Judge Michael J. Davis: Motion Hearing held on 6/10/2009 re 279 MOTION in Limine to Preclude Defendant from Raising or Asserting Evidence of Other Lawsuits filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, Capitol Records, Inc, Interscope Records, Arista Records LLC, 310 MOTION to Dismiss for Lack of Jurisdiction filed by Jammie Thomas-Rasset, 283 MOTION in Limine to Preclude Fair Use Defense filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, Capitol Records, Inc, Interscope Records, Arista Records LLC, 276 MOTION in Limine – Unopposed filed by Jammie Thomas-Rasset, 284 MOTION in Limine to Preclude Defendant from Asserting an Innocent Infringement Defense at Trial filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, Capitol Records, Inc, Interscope Records, Arista Records LLC, 272 MOTION in Limine to Exclude the Testimony of Defendant’s Expert Dr. Yongdae Kim by Plaintiffs filed by UMG Recordings, Inc, Warner Bros Records Inc, Sony BMG Music Entertainment, Capitol Records, Inc, Interscope Records, Arista Records LLC, 263 MOTION to Suppress Evidence filed by Jammie Thomas-Rasset. Motions were moved argued and taken under advisment. Order to follow. Motion to Dismiss 310 was ruled premature and denied. (Court Reporter Lori Simpson) (kmw) (Entered: 06/10/2009)

Plaintiffs’ Amended Exhibit List
Defendant’s Reply Memorandum in Support of Motion to Suppress MediaSentry evidence
Defendant’s Memorandum in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction

Stay tuned.

Jon Newton - p2pnet

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