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Does the RIAA Fear Counterclaims?

Posted by ryuzaki0 on from the deploy-driftnets dept.

NewYorkCountryLawyer writes, "The RIAA seems to have a fear of counterclaims. In Elektra v. Schwartz, a case against a woman with Multiple Sclerosis, the RIAA is protesting on technical grounds Ms. Schwartz's inclusion of a counterclaim against them for attorneys fees. This counterclaim includes as an exhibit the ACLU, EFF, Public Citizen brief in Capitol v. Foster, which decried the RIAA's tactics as a 'driftnet.' In prior email correspondence between the lawyers Ms. Schwartz's attorney had offered to withdraw the counterclaim if the RIAA's lawyer could show him legal authority that its assertion was impermissible, saying 'I wouldn't want to get into motion practice over a mere formality.' The RIAA lawyer's response was 'I will let you know.'"

3 of 245 comments (clear)

  1. Yes by Anonymous Coward · · Score: 5, Interesting

    Most extortionists do.

  2. Duh by TubeSteak · · Score: 4, Interesting

    The RIAA has always had the backup power to just drop a case that they think they're going to lose.

    If people start filing counter claims, then the RIAA has no chance of dropping the case without getting dinged for lawyers fees.

    --
    [Fuck Beta]
    o0t!
  3. Non mutual collateral estoppel by Anonymous Coward · · Score: 5, Interesting

    What they are afraid of is the legal concept of "non-mutual collateral estoppel."

    Take for example, "Is the IP log showing the IP assigned to you by your ISP was involved in sharing enough for a copyright violation?" If the RIAA litigates this question, and wins, they win that case. They will have to litigate that issue against with the next defendant, and so on, because the next defendant may have different arguments.

    But if the RIAA loses, they can not get a second bite at the apple by tring the same argument on a different defendant. They have litigated that issue, and lost. They are "estopped" from relitigating that particular issue.

    This is common in the patent litigation, where just becuase you won 10 patent infringment suits, the 11th defendant can still beat you, but once ANYONE has beaten you, you lose from then on on that legal issue.

    If the RIAA ever loses, you can bet that 1) they will appeal, and 2) while the appeal is pending, they will pay the defndnat a bazillion bucks to "settle" with vacation order, which will nullify the decision. And if you think they won't or can't, the insurance industry has been using this exact tactic for decades.