Napster Legal Battle Reaches from Beyond the Grave

neelm writes "The EFF is reporting that EMI and Universal Music Group may have been caught lying to the Department of Justice in the 2001 antitrust investigation involving MusicNet, and pressplay. The 2001 investigation found no evidence of illegal efforts to monopolize digital music distribution, but new evidence presented by Hummer Winblad and Bertelsman ("original napster" investors) in their on-going defense from the RIAA suggests otherwise. The judge ruled that the documents to be turned over were not protected by attorney-client privilege because '[the court] finds reasonable cause to believe that the attorney's services were utilized in furtherance of the ongoing unlawful scheme.'"

Comments

Forfeit copyright?

[Verdict]

Hopefully this will turn up some damning evidence on RIAA, but I no longer get my hopes up about anything related to them. Even if this works as a defense the chances that the DOJ is going to reopen the monopoly investigation is probably nil.

The part that interested me is -

"that the RIAA companies forfeited their copyright claims thanks to their coordinated and illegal effort to monopolize digital music distribution"

What exactly do they mean by forfeiting copyright claims? Surely they don't mean that the members of RIAA would lose their copyright over their music? They've got senators that kill those sorts of laws don't they?

Re:Forfeit copyright?

[erbmjw]

IMNAL but I think that the defendents(Hummer Winblad and Bertelsman) are attempting to argue that criminal conspiracy took place.

In which case the RIAA member companies who participated in this action should find their properties (copyrighted music) to be forfeited in the similar manner that a drug smuggling operation would loose properties.

So then the arguement could go that any music that was covered by these RIAA companies copryrights at the time of these attempted criminal efforts becomes null or is handed over to the DoJ for auction. Furthermore I beleive that none of the RIAA companies involved in this action would be allowed to participate nor fund partners/outside interests in this possible auction.

Copyright on new{newer} music should still be covered/enforcable.

Just remember . . . Martha Stewart was set up.

[mmell]

(Federal prosecutor): "Ms. Stewart, you've been granted immunity in these proceedings so that you can inform on your associates without fear of being prosecuted for whatever you've done. Please tell us all your illegal activities."

Look, I learned real young - don't cop to anything until you know what the other guy has on you. Never.

In effect, the fed has found a really neat way around that pesky fifth amendment. Just offer you immunity - even if you don't admit all of your crimes (and who would?), you may let slip evidence which will let them come get you, all the while screaming "Your fifth amendment rights were not abridged! You incriminated yourself!"

You can bet...

[Billosaur]

During the DoJ investigation, EMI and UMG apparently misled the investigators about these activities. In the words of Judge Patel: "[T]he documents provided by Hummer provide reasonable cause to believe that the statements in the [labels' report to DoJ] were deliberately misleading, if not completely false."

The judge has ordered UMG and EMI to hand over previously withheld documents relating to the DoJ investigation, overriding the attorney-client privilege because "the court ... finds reasonable cause to believe that the attorney's services were utilized in furtherance of the ongoing unlawful scheme." The labels have 30 days to comply. Stay tuned.

I suspect that right now some law firms are watching their reputations take a serious hit. The RIAA is on a rampage and at every turn they do even more damage to their reputation; this is going be another big black mark. If we wait long enough, they will destroy their own cause with all their dirty tactics and outright lies. I'm gonna get some popcorn -- this will be fun to watch.

Been Caught Lyin'

[digitaldc]

The EFF is reporting that EMI and Universal Music Group may have been caught lying to the Department of Justice in the 2001 antitrust investigation involving MusicNet

Why does this not surprise me? Why do I automatically think nothing will happen under this administration? Why is the industry always complaining when sales are actually improving and boosting their stock value?