EMI Back To Trying To Personally Bankrupt Michael Robertson
from the despicable dept
It's one thing to try to influence politicians and laws to protect an incredibly obsolete business model. It's another thing to try to shut down innovative companies who are better serving the market than you can. But it's in an entirely different class of evil to go after individuals personally for the actions of companies, in an attempt to bankrupt them. Stand up and take a bow, EMI, for not just doing the latter, but then paying a witness, getting her to change her deposition and get a lawsuit reinstated against an individual after the judge had already tossed it out. EMI has leapfrogged to the front of the line for the most despicable record labels out there. No wonder their artists are jumping ship as fast as possible.You may recall that EMI not only sued Michael Robertson's most recent company, MP3Tunes, but also sued Robertson personally, which is an intimidation technique that creates tremendous chilling effects for any executive or founder of any company. We thought it was good news a year ago, when the court dismissed the part against Robertson directly. The whole lawsuit seems crazy anyway. MP3Tunes isn't set up for infringement -- it just sets up a way for you to store your own songs online in a music locker for your own personal access. So the whole lawsuit is questionable anyway, but seems to be part of EMI's greater strategy of suing every innovative music startup.
However, a new ruling has apparently put Robertson personally back in the firing line, after MP3Tunes' former president gave a new deposition (after she was fired, and well after her original deposition). The new testimony apparently convinced the judge to reinstate the personal lawsuit against Robertson, though the judge doesn't seem to discount the fact that Emily Richards had been fired by Robertson (so her new testimony should be suspect already) and the rather interesting fact that EMI paid Richards $10,000. That combination of facts should raise plenty of credibility questions, but apparently did not.
So, once again, we're left with an incredibly chilling situation, where execs of companies are being sued personally -- exactly what the entire corporate structure is designed to prevent. So, congrats, EMI, for reaching a new low in misguided copyright-related lawsuits.
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Filed Under: michael robertson
Companies: emi, mp3tunes
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Question...
"The new testimony apparently convinced the judge to reinstate the personal lawsuit against Robertson, though the judge doesn't seem to discount the fact that Emily Richards had been fired by Robertson (so her new testimony should be suspect already) and the rather interesting fact that EMI paid Richards $10,000."
The two questions that spring to mind are --
1. What was she fired for?
and
2. What was she paid by EMI for? They CAN'T have paid her to be a witness, can they? Or are the calling her taking the stand "expert testimony"?
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Re: Question...
I rather suspect the company can't release that information without the possibility of a defamation suit. It's an aspect of firings that has been used to great effect in political campaigns. ("He fired me, he's an evil person.")
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Re: Question...
They should have just called it a "review" and not disclosed that they paid her anything at all.
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Re: Question...
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Seems to me
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sounds like SLAPP
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I don't think the corporate shield is a good thing.
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Re:
Now in this specific case, I don't think the exec should be getting sued (The case seems to be on shaky legs regardless of who or what is actually getting sued), but all in all I agree with the above. CEO's shouldn't be allowed to escape a lawsuit with a nice big bonus and a "retirement".
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Hate to pop your fantasy bubble there, but gov't officials have legal immunity.
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Re:
the coporate shield only protects the owners/shareholders from on a money side, if they killed some one, the person resposible still goes to jail and if its proved they where told to do x by higher up they go too...
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Re: Re:
the coporate shield only protects the owners/shareholders from on a money side, if they killed some one, the person resposible still goes to jail and if its proved they where told to do x by higher up they go too...
So who did Michael Robertson kill?
Thanks for proving that *you* don't get it.
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Re: Re: Re:
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Let's see, the root would be this one. Still nothing there about Robertson committing any criminal acts. Yes, context is a good thing. You should try it sometime.
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Mike will be fine
He will use this corruption to gain more publicity for his product and I have no doubt he will land on his feet.
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Plus the service was/is innovative, which is a bad word in the music industry, their mantra being "since we cant do it, lets crush others who can".
As for going after the person rather than the company, i kind of have mixed feelings about it, can someone go after Cary Sherman / Dan Glickman and the rest of the scumbags instead of the **AA? If yes, I like it, if no... dont like it all that much.
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Re:
I think this is simply more evidence that innovative is a bad word for intellectual property maximists so they must go after anyone who innovates. This is more evidence that intellectual property maximism only hinders innovation.
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http://www.wptz.com/news/21336430/detail.html
If the toilet doesn't work right, don't try to fix the problem with a corkscrew, and if the business doesn't work, frivolous lawsuits aren't the answer. In both cases, any sane person can clearly pretty clearly see that you're using the wrong tools for the actual problem at hand.
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Well
If a corporation willfully decides to kill people by dumping toxic waste in a water supply, does it really feel like justice to give the corporation a fine?
That is a criminal issue and in your scenario is presumably made knowingly and willfully by individuals who had direct power to enact the action--they are not protected by a shield. However, say those individuals were lower executives and you were the CEO without knowledge or even just a stockholder that included the company as part of one of your mutual funds; are you saying you should be personally liable for the actions of others within the company?
As for going after the person rather than the company, i kind of have mixed feelings about it, can someone go after Cary Sherman / Dan Glickman and the rest of the scumbags instead of the **AA? If yes, I like it, if no... dont like it all that much.
I presume you are joking, but this is the antithesis of rule of law; its legal if I like you and illegal if I don't. Certainly not a good precendent, even if it would be fun to see certain RIAA execs to get framed for possession of child porn or something.
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Re: Well
I think the point he's making is that it wouldn't be fair to go after these executives personally late in the game, especially since they really didn't do anything wrong, simply because you don't like them (while not personally going after other executives who have done something wrong).
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Re: Well
Whether it's civil or criminal, if a real human being makes the decision to do something illegal, that real human being is the one who should be punished for it. The corporation should also be punished financially, but the actual human who made the decision should bear responsibility as well.
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Re: Well
EMI is claiming that Robertson "knowingly and willfully" infringed their copyright and "had direct power to enact the action" and thus is "not protected by a shield". So, what was your point again?
However, say those individuals were lower executives and you were the CEO without knowledge or even just a stockholder that included the company as part of one of your mutual funds; are you saying you should be personally liable for the actions of others within the company?
Again, EMI says Robertson knew what was going on. Do you have a point at all? So far, you just seem to be agreeing with EMI on everything.
I presume you are joking, but this is the antithesis of rule of law; its legal if I like you and illegal if I don't.
No, liking or not liking something is not "the antithesis of rule of law". Ignoring the law *because* of liking or not liking something is. The commenter merely stated what he would or would not like, not that the law should be ignored.
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Re: Re: Well
No, EMI is claiming that Robertson had direct power to enact the action. That's it. Obviously, Robertson did not feel that he was infringing on anything, nor do the majority of us that aren't being contentious to be assholes. Also, I notice that you conveniently ignore the fact that this is not criminal. So what is your contention again?
Again, EMI says Robertson knew what was going on. Do you have a point at all? So far, you just seem to be agreeing with EMI on everything.
That was in response to the user that suggested the corporate shield is not beneficial, which is quite obvious with a modicum of reading comprehension. Did you understand anything in my post? So far, you just seem to be bitching for bitching's sake.
No, liking or not liking something is not "the antithesis of rule of law". Ignoring the law *because* of liking or not liking something is. The commenter merely stated what he would or would not like, not that the law should be ignored.
Sigh...that is not what I said. Go back and read it again.
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Re: Re: Re: Well
Then you need to read some more because they are also claiming that he had direct knowledge.
Obviously, Robertson did not feel that he was infringing on anything,...
EMI isn't suing Robertson over his "feelings". They're suing him over his actions.
...nor do the majority of us that aren't being contentious to be assholes.
So, who made you the spokesperson for "the majority"? You need a reality check and to get rid of those delusions of grandeur.
And name calling doesn't make you any more credible.
Also, I notice that you conveniently ignore the fact that this is not criminal.
In case you didn't know, criminal complaints aren't handled through private lawsuits, so your "criminal" angle is pretty much irrelevant. That's why I ignored it, even you you seem to be intent on trying to somehow link it to this civil case.
So what is your contention again?
That you seemed to have had no point.
Did you understand anything in my post?
Yes, and I'm still trying to see any point in it.
So far, you just seem to be bitching for bitching's sake.
That pretty much sums up what I thought of *your* post.
Sigh...that is not what I said. Go back and read it again.
I did. And that pretty much *is* what you said. What's more, it's right up there for everybody to see, too. Perhaps you should go back and read what you actually wrote instead of what you maybe think you wrote. Too bad Techdirt won't let you go back and change your previous comments, huh?
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Dean
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Re: Re: The Master SEO
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Re: Re: Re: The Master SEO
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Oh well. Another lost opportunity. Don't cry for me, Argentina.
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Credibility Issues were Recognized
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Re: Credibility Issues were Recognized
This is nonsense, how can our justice system allow these people to make such a mockery out of justice like this?
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Re: Re: Credibility Issues were Recognized
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Re: Re: Re: Re: Credibility Issues were Recognized
Furthermore, the fact she contradicted herself and is getting paid to testify should be grounds for a summary judgment and punitive penalties against the plaintiff. But in America the bad guys, those who act most unethically against the public, almost always win. Heck, even if the plaintiff ultimately lose the trial just the litigation and opportunity costs against the defendant is a huge victory for the plaintiff in and of itself.
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Re: Re: Re: Re: Credibility Issues were Recognized
As to credibility, the judge does not have to 'construe all facts in the manner most favorable to the plaintiff.' That would negate the ability of the defendant to get a fair and balanced hearing. I'm questioning the judge, myself. WHY does this ex-employee deserve $10,000? What POSSIBLE expenses could she have incurred in giving a second deposition that countered her first AFTER she was fired? Details are very, VERY important, here.
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Re: Re: Re: Re: Re: Credibility Issues were Recognized
From my understanding, if both parties agree to a jury trial in a civil lawsuit they can be handled by a jury. In a criminal lawsuit involving a felony, however, the defendant gets to decide if s/he wants a judge or a jury to decide. However, this is oversimplified, I don't think for small things like speeding tickets and other infractions you can get a jury as it would be a waste of resources.
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Re: Re: Re: Re: Re: Credibility Issues were Recognized
I really want to know, did someone actually tell you that or did you just make it up all on your own?
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Guess who gives that software piracy group the best leads on who is pirating software? Jilted business partners and fired employees.
Does she have an axe to grind? Maybe, but that doesn't mean she doesn't know where the bodies are buried.
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Re:
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Corp structure is not a barrier for personal suits
IMHO this is all an artifact of corporate greed -- big guys crapping on the small guys, and it's contributing to the death of small business in the US -- but you of course didn't ask for my opinion... :)
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Perhaps, though, it will put some personal responsibility back into the equation with regards to, say, tobacco companies.
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I worked for Robertson
Look at the ruling. Did you catch the part about Robertson saying it is the customers who are infringing on the copyrights, not his company.
Before you go around defending Robertson, you should talk to those who have worked with him. I don't know anyone who has worked with him that has much nice to say about him. Trying to make your customers take the fall for his copyright violations is pretty lame.
Scott
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Re: I worked for Robertson
Did you ever stop to think that it may not be a question of defending Robertson personally (or not) but of debating underlying principles? You say he's unethical and makes evil look good? I don't know why, but I'm inclined to believe you and would probably like to see him go down. But that doesn't change the principles involved in the case.
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Read the FULL ruling - Robertson is a jerk
http://kevincarmony.blogspot.com/2009/10/michael-robertson-throws-mp3tunes.html
Scott was right. Robertson tossed the MP3tunes users under the bus.
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He's not joking. He's a TorrentFreak expatriate and this is, unfortunately the kind of juvenile mindset most of the idiots have over there.
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I hope they DO bankrupt Michael Robertson
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Re: I hope they DO bankrupt Michael Robertson
I have no sympathy for Mr. Robertson, either. He could have done something really great with MP3.com, but instead, he saw zero value in the indie music catalog he amassed and decided to make himself a target for the RIAA, just to be a glory hound. He's the bastard that brought down Camelot, IMHO, and he needs to go.
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Isn't that the whole purpose of Techdirt? Its whole argument? Its not Google/Napster etc. etc. fault, its the customers fault?
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Emily Richards?
If he turned on her, I'm amazed EMI even had to pay her a dime to get her to change her testimony. Hell hath no fury, man...
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