New shocks in RIAA v Tenenbaum
p2pnet news view | RIAA:- In Sony BMG Music Entertainment v Tenenbaum, the RIAA filed its “response” to the Judge’s question as to whether fair use fact issues were triable to the jury or the judge, and defendant filed his pretrial memorandum.
The trial is scheduled for Monday, July 27.
Plaintiff’s response re fair use jury trial question
Defendant’s pretrial memorandum
Exhibit A witness list
Exhibit B exhibit list
Exhibit C requested jury instructions
Although I should be surprised at nothing in this case, I am shocked by both filings.
(a) The RIAA totally ignored the judge’s order, and instead used this as an opportunity to put in an additional, unauthorized brief on their summary judgment motion. They never even answered the judge’s question, which was whether fair use fact issues are triable to the jury or to the judge. If I were Judge Gertner I would not be pleased by such disrespect and gamesmanship.
(b) The defendant’s requested jury instructions contain almost nothing on any issue except fair use. If I were Judge Gertner I would be displeased that defendant’s lawyers are leaving it up to the Court to come up with all of the sensitive jury instructions on its own.
Ray Beckerman – Recording Industry vs The People
First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi
July, 2009
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July 21st, 2009 at 8:09 pm
Sorry, but nothing truely shocking here. Our courts system is so FUBARrd at this point that nothing is going to work like it should or could. We now live in a society that requires us to cover our own asses in ways that our forefathers never would have imagined would be needed. I for one will pray Gods mercy on all of us for the future, which seems to be going to hell in a hand cart!!
July 22nd, 2009 at 2:19 am
“If I were Judge Gertner I would not be pleased by such disrespect and gamesmanship.”
The judge has probably be paid by the RIAA parasites so is going to say nothing.
Let’s Bring the pest killer and spray all these RIAA lawers after we spray their masters in this hierarchy of parasites.
July 23rd, 2009 at 3:13 am
Spray ‘n pray? LOL!