RIAA Receives Stern Letter, Folds

NewYorkCountryLawyer writes "In SONY BMG v. Merchant, in California, the defendant's lawyer wrote the RIAA a rather stern letter recounting how weak the RIAA's evidence is, referring to the deposition of the RIAA's expert witness (see Slashdot commentary), and threatening a malicious prosecution lawsuit. The very same day the RIAA put its tail between its legs and dropped the case, filing a Notice of Voluntary Dismissal. About an hour earlier NYCL had termed the letter a 'model letter'; maybe he was right."

Comments

itsatrap

[QuantumG]

The RIAA are doing these lawsuits with terrible evidence to show that they are not "sufficiently protected" by civil law. This can only help them as they continue to lobby congress for new criminal copyright infringement laws.

Re:itsatrap

[NewYorkCountryLawyer]

You think the fact that they bring frivolous lawsuits against helpless people is going to help them with Congress?

I respectfully disagree.

Re:itsatrap

[nurb432]

Right, and as soon as its a truely criminal issue, they have the resources of the government behind them. The entire concept of IP will be turned on its head.

Only problem is that it turns into 'reasoable doubt' by a jury to get a conviction, a much harder task then in civil cases.

Re:itsatrap

[billcopc]

Congress doesn't need to side with anything. The RIAA doesn't win many lawsuits, it just threatens people into settling for $3750. It's very much a poker bluff, they have no hand to play (no evidence), but they intimidate the defendants into folding to "cut their losses". The fact that lawyers get paid even if they lose is a contributing factor to this abuse, as few people can afford to front the retainer even if they have a chance of winning their attorney fees back in the counter-claim.

I like analogies, so here's a colorful one for everyone: The RIAA is like the schoolyard bully. Either you give him your lunch money and go without food for a day, or you take a chance and try to pound him into submission, but you'll get beat up pretty bad too, and if you lose you'll have to pay anyway.

Re:itsatrap

[NewYorkCountryLawyer]

The RIAA is absolutely a schoolyard bully.

I disagree with your outlook.

Here is mine.

Rule Number 1: All bullies are also cowards.

Rule Number 2: The only way to stop bullies is to beat them.

Rule Number 3: When you draw blood they run away because of Rule Number 1.

Re:hang on - *without* prejudice?

[NewYorkCountryLawyer]

In the real world a lawyer has to try to get the case shut down at the earliest possible juncture. There is no guarantee of getting attorneys fees later. The idea is to win, and win as fast as possible. Mr. Ledford did the right thing. And accomplished a great result.