RIAA Asks For Sanctions Against Charles Nesson In Tenenbaum Suit
from the getting-nasty dept
I think it would be an understatement to say that the RIAA is rather unhappy with Charles Nesson and his team of folks from Harvard Law, challenging them on the constitutionality of the RIAA's "sue everyone" strategy. Recently, they've been battling over the right to broadcast the courtroom proceedings, and now the RIAA is asking for monetary sanctions against Nesson, claiming he violated certain procedural rules. The RIAA is likely seeking sanctions under section 11, which is used against lawyers who file lawsuits that are "unreasonable." In other words, this is starting to get personal.
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Filed Under: charles neeson, constitutionality, joel tenenbaum, lawsuits, sanctions
Companies: riaa
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This is simply wrong. The defendant is not challenging the constitutionality of anything the plaintiff(s) has/have done. The defendant is trying to create an issue for appeal that a specific portion of the Copyright Act is problematic, and specifically the section dealing with in lieu damages. This has nothing to do with what the plaintiff(s) has/have been doing by the filing of lawsuits against alleged infringers of copyrights.
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You missed half the story
Nesson is going the reverse with rule 37(b) sanctions, aka discovery sanctions for the RIAA trying to dance their way out of this.
Rule 37b category: Failure to Make Disclosures or to Cooperate in Discovery; Sanctions.
The one they went again for him was 11, for claims that he is trying to harass/delay the case.
Guess which one is easier to argue? Rule 37b. Sanctions for 11 are pretty rare from every legal proceeding I've followed. You really have to push to get sanctions under 11.
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Sounds like their strategy
Although, when you fall from attacking the issue down to attacking the person (the old ad hominem), it's usually a sign that you've lost the debate...
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If he ends up getting sanctioned...
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Re: Simply wrong
"This Court should exercise its inherent power to allow background image redress to Joel Tenenbaum for Plaintiffs' abuse of law and federal civil court process. As detailed throughout this brief, Plaintiffs are using any and all available avenues of federal process to pursue grossly disproportionate -- and unconstitutional -- punitive damages in the name of making an example of him to an entire generation of students. The case at hand warrants the use of inherent federal power not just because of what Plaintiffs are doing to Joel Tenenbaum in this Court, but because of the manner in which Plaintiffs are abusing the federal courts all across the country. Plaintiffs have pursued over 30,000 individuals in the same way they have pursued Joel.... For these 30,000 individuals, Plaintiffs have wielded federal process as a bludgeon, threatening legal action to such an extent that settlement remains the only viable option. Joel Tenenbaum is unique in his insistence, in the face of it all, on having his day in court. The federal courts have an inherent interest in deciding whether they will continue being used as the bludgeon in RIAA's campaign of sacrificing individuals in this way."
Sure sounds like they're challenging the actions of the plaintiff to me.
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Video is a court document
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Re: You missed half the story
Have you read various submissions to the court? Defendant is pursuing a path of argument that the in lieu damages provision of the Lanham Act should be treated as a quai-criminal statute, to which the rights of criminal defendants should pertain.
As for the plaintiff's request for sanctions, they are based on Rule 37, and not Rule 11.
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Re: Re: Simply wrong
In a copyright infringement action a rights holder is permitted to pursue either actual damages or statutory (in lieu) damages. This has been the law for decades. The defendant is challenging the statutory damages portion of the Lanham Act.
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Re: Video is a court document
/sarcasm
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Video rights
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Hypocrites! They'd better be careful of what they wish.
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This is an interesting case
Why would the RIAA not want it to be available for all to see? Maybe because they know it is not going to go well for them.
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Re: Video is a court document
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Re: Re: Video is a court document
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you'd get sued for the video
Maybe the RIAA are afraid they have no reflections.
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RIAA
If it does get televised, I see the RIAA deliberatly loosing the case, just so that the public has nothing to work with.
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Risk reward function.
Talk about not understanding a simple risk vs. reward.
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Re: Risk reward function.
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Re: to ac
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RIAA vs Tenenbaum
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