Ray Beckerman Picks Apart RIAA Lawsuits For Judges' Benefit
from the nice-work dept
Ray Beckerman, as you may already know, is a lawyer in New York who not only has defended numerous people against RIAA lawsuits, but also runs the Recording Industry vs. The People blog, where he chronicles what's going on in these cases. While I believe he sometimes pushes the envelope too far in his claims about what the RIAA is doing, there's no denying that he's been a tremendous force in shining some much needed light on some of the RIAA's more questionable activities, while also helping those who are severely outgunned in various lawsuits.As numerous folks have sent in, Beckerman has now also written up something of a primer for judges in The Judge's Journal, a publication of the American Bar Association targeted at judges. It basically explains the many problems with the way the RIAA conducts its lawsuits, noting how it often uses questionable means, weak evidence and general bullying tactics in filing its cases. It also relies on the fact that it comes off as more credible than an individual (often defending themselves -- sometimes in jurisdictions far from home). Beckerman highlights all of the problems with the way the RIAA runs its cases, and makes a series of quite reasonable suggestions for judges in how to handle such cases should they show up in court. It's a good guide, that also highlights many of the underhanded tactics that the RIAA uses in filing its cases. It's well worth a read if you haven't seen it elsewhere.
If I have one complaint, it's the same one I leveled against John Duffy recently. While the article does mention Beckerman's website, it does not mention that he represents many clients against the RIAA (including in ongoing trials). That would appear to be something of a conflict of interest, in that he's making a bunch of suggestions for how judges should basically side with his arguments in those cases. I guess I'm learning that such "disclosures" are generally not considered necessary in the legal community.
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Filed Under: judges, lawsuits, ray beckerman, riaa
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Conflict of Interest
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Re: Conflict of Interest
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Re: Re: Conflict of Interest
But these are recommendations to judges, not for the sake of the defendants. So, he's basically recommending that the judges agree to his arguments.
Now, I tend to agree that his arguments are correct, but considering that he has cases ongoing where he's making some of these arguments, wouldn't at least some disclosure be considered reasonable?
Again, after the discussion on the Duffy article, the lawyers around these parts seemed to imply that in the legal community it's fine to merely assume that your audience already knows who you represent and that disclosure is sort of caveat emptor.
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Re: Re: Re: Conflict of Interest
Seems to me it works both ways. If the arguments have merit, they have merit.
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Re: Conflict of Interest
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Re: Re: Conflict of Interest
Ray Beckerman FTW
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Re: Conflict of Interest
"Ray Beckerman is a partner at Vandenberg & Feliu, LLP, in New York City. A commercial litigator, his practice
encompasses communications-related topics. Beckerman is the author of a popular copyright law blog, "Recording Industry vs. The People," http://recording-industryvspeople.blogspot.com. He can be
reached at rbeckerman@vanfeliu.com."
Since it clearly states he's the author of the blog, do you really think a judge is not going to note the connection, and realize he's probably not on the side of the RIAA? Judges aren't all geniuses, but they're not all completely stupid, either.
And you're right, such disclosures are not generally considered necessary in the legal community.
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Re: Re: Conflict of Interest
Yes, I noted that in my post, that they did disclose the blog.
But there's a difference in "I write a blog about these topics as a lawyer" and "I'm currently defending 4 cases on these very issues in which I hope the judge sides with me."
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Re: Re: Re: Conflict of Interest
There's also a large difference between a lay blog reader and a federal district judge. Once again, the identity of the intended audience makes a big difference.
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Large Recording Companies v. The Defenseless
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When you say...
...isn't that what lawyers do?
I agree, however, that at least a one-liner disclosure would be appropriate.
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Disclosing Conflicts of Interest
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Re: Disclosing Conflicts of Interest
Heh, well, so far you're the first lawyer to say that.
If you read the comments on the Duffy post, the lawyers there implied that I was totally out of line for suggesting disclosure was necessary.
But I'm glad to see that perhaps I'm not crazy in thinking that these situations require disclosure.
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Disclosure
They invited me to write the article based upon their knowledge of who I am and what my positions were.
They have a format for their biographical sketches and followed it.
The article was written for a super sophisticated legal audience of judges; it refers to my blog which discloses which side I represent; and the editors assumed, no doubt correctly, that there was not a single reader of The Judges Journal who would have the slightest doubt as to the side of the aisle on which I sit.
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Re: Disclosure
And, obviously, not all lawyers agree that it's ok not to disclose, even if the "super sophisticated legal audience" already knows which side you're on.
Would you care to respond to Eric Goldman's assertion above that lawyers should proactive disclose such things?
I guess I'm just confused and surprised that it doesn't seem to be standard to disclose such things in at least some legal circles.
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Re: Re: Disclosure
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Disclosures
TeHe, lawyers are not impartial, nor do they have the appearance of impartiality.
Journalists on the other hand give the appearance of impartiality, by disclosures.
Humans are not impartial, ambivalent, disinterested, but never impartial.
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Yes you are confused
The fact that I have represented defendants in RIAA cases was fully disclosed to the editors, and in fact they knew about it before they invited me to do the article. What they chose to print was their decision based on their usual format.
Yes I believe in making full disclosure.
In this case, considering the link to my blog in the bio, the very title of my blog "Recording Industry vs. The People", the fact that my blog specifically discloses the fact that I have represented defendants in RIAA cases, the very title of the article "Large Recording Companies vs. The Defenseless", and the super-sophistication of the audience -- 5000 judges who spend their entire working day every day sifting through advocacy -- I do not think the editors needed to make any fuller disclosure than they did. If you think there is a single subscriber to the Judges Journal who needed fuller disclosure than that, I think you are wrong.
Meanwhile, what I wrote was not advocacy for the 4 litigants I happen to represent who are defendants in RIAA iltigations, it was a white paper about the 'unequal access to justice' problems which the RIAA litigations have created for our profession. If you disagree with me on a statement of fact, or an argument of law, please do so; but I wish you would stop these unjustified attacks on my integrity.
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Re: Yes you are confused
I need to apologize. I never meant to imply that you, personally, did not disclose stuff. I'm sure it was disclosed to the editors. My fault is not with you, but with them for not including that more clearly in the article.
What they chose to print was their decision based on their usual format.
Right. That's the part that I find odd, and different than in other formats. As I noted in my post, that there appears to be a different standard with lawyers, as you and MLS appear to suggest.
Eric Goldman, on the other hand, appears to disagree.
So, I'm left in a state of confusion as to what is proper disclosure in the legal profession when writing an article regarding situations in which you currently are involved in cases.
In this case, considering the link to my blog in the bio, the very title of my blog "Recording Industry vs. The People", the fact that my blog specifically discloses the fact that I have represented defendants in RIAA cases, the very title of the article "Large Recording Companies vs. The Defenseless", and the super-sophistication of the audience -- 5000 judges who spend their entire working day every day sifting through advocacy -- I do not think the editors needed to make any fuller disclosure than they did. If you think there is a single subscriber to the Judges Journal who needed fuller disclosure than that, I think you are wrong.
Fair enough. I did, in fact, point out that it mentioned your blog. However, I just remain somewhat surprised at the standards for disclosure in legal publications. They're just different than I am used to.
And, again, at least *some* lawyers seem to agree with me.
Meanwhile, what I wrote was not advocacy for the 4 litigants I happen to represent who are defendants in RIAA iltigations, it was a white paper about the 'unequal access to justice' problems which the RIAA litigations have created for our profession. If you disagree with me on a statement of fact, or an argument of law, please do so
Yes, I agree. I don't disagree with you on statement of fact or argument of law at all. In fact, I thought I had made that clear in the post.
My complaint was merely with the question of disclosure. And, even though you say it has nothing to do with those 4 cases, you have to admit that if judges support your arguments in this article, that it will help at least some of those cases.
You know full well that I support your position in these cases, and I think this is an excellent article. I'm just confused about the level of disclosure that's apparently normally used in the legal profession.
but I wish you would stop these unjustified attacks on my integrity.
Again, my apologies. I regret that you viewed it as an attack on your integrity. I was just curious as to why the disclosure was not more complete.
And, apparently, the answer from both you and MLS (though, with disagreement from Eric Goldman) is that in such legal publications, the audience is sufficiently knowledgeable.
That's a unique situation in my experience.
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Oh good god!
Though I'm afraid you seem to have asked for this. You've enabled this particular stratum of nonlawyers with just enough "little knowledge" for them to believe illegal downloading is legitimate--no, a right--procedural and evidentiary defenses and the response of the RIAA notwithstanding.
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Re: Oh good god!
Clearly you are a student of the art of understatement.
Ignoring the pejorative jab at Mr. Beckerman, I will at least give Mr. Masnick credit for staking out positions concerning copyright and patent law based upon some published articles by economists. As for what is posted by others in response to such articles, they seem much more in the nature of rants lacking any evidentiary basis, largely motivated by a negative/erroneous perception of the industries that rely on title 17 and Title 35, and a lack of familiarity with the basic legal concepts associated with patent and copyright law.
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Re: Oh good god!
Really? If he were wasting his time, why would I bother interacting and engaging? I am trying to understand, this, and apparently, as you are making clear as well, many lawyers do not feel that such disclosures are necessary.
Other lawyers seem to disagree.
So, if you claim that this is a "complete mystery" to me, can you explain why it is also a complete mystery to other well regarded lawyers?
Though I'm afraid you seem to have asked for this. You've enabled this particular stratum of nonlawyers with just enough "little knowledge" for them to believe illegal downloading is legitimate--no, a right--procedural and evidentiary defenses and the response of the RIAA notwithstanding.
That's odd. I don't see how one could read Beckerman's writings and conclude that illegal file sharing is "a right." He's never implied that at all.
If anything, that seems to be the interpretation you would like to have in order to smear his efforts to make sure that those sued have a fair trial.
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I'm usually on your side Mike...
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Re: I'm usually on your side Mike...
I have absolutely *no* problem with him having written this article at all -- at any time. It's a fantastic article that makes a ton of great points.
My issue is merely that it seems like there should be a disclosure line, noting that he currently has cases pending on this topic. That's all. Just to make it clear.
But Ray and MLS (and clearly the ABA) felt that such information would already be common knowledge among the judiciary.
Though, if Ray's client list is already such common knowledge, it does make you wonder why such an article is so needed. I would think that the ABA asked Ray to write the article to inform them on a topic they knew little about -- meaning that they might not be aware of Ray's efforts in this field. Again, though, it appears that some believe that there is more than enough disclosure. And, perhaps in this field, that's all that's needed. I just find it to be different than in other fields.
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It's too bad people don't bother to read...
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Thanks all.
The editors at The Judges Journal felt very good about it and feel it will be helpful to the Courts.
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Re:
Man. Earlier today someone accused me of being a "socialist" and now I'm being accused of "right wing ravings."
Which is it?
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Related: Duffy on his so-called lack of disclosure
http://www.patentlyo.com/patent/2008/07/the-death-of-go.html#comment-123835052
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I think we all can agree...
I found the article well written and though some of the legalese was above my "Law and Order" degree in law *grin* it was still quite understandable as a whole piece when read by a layperson.. well, layme.. =)
Time will tell if it makes a difference.
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the origin of the RIAA as the pirates
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