RIAA Goes Judge Shopping After One Judge Actually Pushes Back
from the sneaky,-sneaky,-sneaky dept
The RIAA has been known to pull all sorts of tricks over the years to get what it wants, but this latest one may be the most sneaky of all. Last week, Ray Beckermann was notified that the RIAA was dropping one of the cases it had filed against one of his clients, Warner v. Cassin. In that case, a judge had been reviewing a dismissal motion, and appeared to find Beckermann's argument that "making available isn't distribution" compelling. So, perhaps it wasn't a huge surprise that the RIAA dropped the case before they lost it. But, then, a day later, Beckermann discovered that the RIAA had refiled the identical case in the same court, but rather than using the defendant's name, Cassin, it had filed it under a John Doe complaint, as if they didn't know who the defendant was. As such, the case got handed to a new judge. Basically, it appears that the RIAA didn't like where one judge was heading with the case, so got it dismissed and immediately refiled the case (potentially under false pretenses) and had it handed to another judge. Beckermann, of course, has made all of this clear to both judges -- but it seems incredibly sneaky that the RIAA would even think to go that far. Hopefully the court recognizes this judge shopping for what it is.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: cassin, judge shopping, making available, ray beckermann, riaa
Companies: riaa, warner music
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Considering some of the massive incompetence they've shown in the past decade, does this really surprise anybody?
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How sneeky is it if the RIAA are admitting it's the same case ?.
They may be trying to game the court procedures, but how many lawyers don't do that ?
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Not quite accurate
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Classic
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Sanctions
This sort of crap won't stop until there's consequences for doing it. If a few of these high-priced sharks lose their license to practice law, the rest will quickly get the message.
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Re: Sanctions
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Why bother?
Other than an over developed sense of competitiveness (the defendent can't win) I see no reason to pursue these cases. The purpose escapes me. I am sure that the cassien's file sharing behavior has changed and it has already served as a warning to other users.
All these actions due are provide another point of failure for the RIAA legal campaign. The more they stretch the rules to win the more likely they will lose.
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Sounds illegal to me. But then again, I'm using human logic instead of lawyer logic.
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Even dirtier
They may still have a small number of defenders left here and there. What they don't understand is that even if we waved a magic wand and went back to the pre-file-sharing days, musicians in that scenario get screwed eight ways to Sunday. That's how the music business likes it - the actual practicioners are just field hands. And the lucky fans get screwed by price fixing, payola, and all kinds of other corruption. Having tried to break into the industry myself, I found out a lot about how the music business actually works, none of which is publicized, of course.
So more power to any musician who finds new ways to market their music that allow them to actually keep more of the money.
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How do you know the person being targeted in these lawsuits has done anything wrong? The evidence in these cases is usually flimsy, and even the "official" excuse for refiling the suit suggests that the RIAA aren't even sure who has committed the crime, if one was committed.
Remember, researchers a few weeks ago managed to get a cease and desist order issued against a couple of laser printers. The RIAA have been known to sue dead people and people who don't own computers or have never used P2P software. Just because this person is less obviously innocent, that doesn't mean they're guilty. If you're happy with these lawsuits in any way, you'd better just hope it's not your IP address that gets spoofed next, else you'll be in this position.
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who?
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Re: who?
http://recordingindustryvspeople.blogspot.com/
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RIAA
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Re: RIAA
You've just described DRM. That was an utter failure, is directly responsible for the lack of uptake of digital formats in many areas, is responsible for Apple's current monopoly on digital sales, and is in the process of being scrapped by all major vendors.
"embed anticopying signals into recordings the same way that the motion picture industry did with VHS tapes and later DVDs"
Go to thepìratebay.org and search for "dvdrip". See how many thousands of results come back. Yeah, that really did a lot to stop DVDs from being copied, didn't it?
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Errr...yeah...
Besides, I am unimpressed with how well it worked for "VHS and DVDs," considering that I can go find a torrent right now for any movie that comes out on DVD. Oh and news flash. Didn't work so good for satellite either. Cable and Satellite pirate boxes are not too hard to get.
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Re: Classic
Classy, RIAA, classy.
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Re: RIAA "incompetence"
This is what happens when lawyers have clients who absolutely, positively insist that their case goes forward even though the lawyers warn them they're on very weak ground.
Parenthetically, most lawyers hate this sort of thing because they know darned well it makes them look like fools to the judges and fellow attorneys.
But if the fees are high enough...
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Re: Re: who?
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Re: Not quite accurate
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re: double jeopardy
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Re: Not quite accurate
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RIAA>>> evil?
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Re: Re: Sanctions
(don't be so sure about that though! Their top guy "RIAA-Richard" Gabriel before he will become a judge himself next month(!!) was bragging about his communitiy work on his profilepage at HRO anyway. So having picked up some trash might not be enough. It might end in a line in the profile of the other lawyers with something like "Mr. X was also actively engaged in helping to keep our great country tidy in a local activism group" or something like that]
a punishment based on fines will not have the intended results either since they make so many they allegedly don't care.
What it imo needs is disciplinary measures based on inflicting real physical pain beside the humilation. otherwise those Vultures will not learn!
As I pointed out in Mr. B's blog Malaysia would be a good place for disciplinary hearing by the bar associations that have a rest of dignity and where their members feel ashamed in the light of having peers among them like those Counsel for "well known and respected record companies".
Thank god me isn't a Judge in that court in Colorado. Man would I feel ashamed to have Richard as a peer giving his public record in those RIAA cases!
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Re: Re: Re: Not quite accurate
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Illegal
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