US Dept. of Justice May Intervene To Help RIAA

NewYorkCountryLawyer writes "In a Corpus Christi, Texas, case, Atlantic v. Boggs, where the defendant interposed a counterclaim alleging that the RIAA's $750-per-song file damages theory is unconstitutional, and the RIAA moved to dismiss the counterclaim, the US Department of Justice has sought and obtained an extension of time in which to decide whether to intervene in the case on the side of the RIAA. What probably precipitated the issue is that the constitutional question was raised not just as a defense as it was in UMG v. Lindor, but as a counterclaim, thus prompting a dismissal motion by the RIAA."

Comments

Will someone PLEASE mod the parent up?

[AKAImBatman]

It wasn't the plantiff (RIAA) that called in the federal dogs, it was the defendent. I'm reading through the defense's response and counterclaims right now. The issue is that the law requires that the Feds be notified about an accusation of an unconstitutional claim. The dependent therefore demanded that the government intervene to decide on the RIAA's claimed price of $750.

FWIW, this document is wonderful reading. The lawyer is throwing every book on his shelf at the RIAA, and when he runs out he heads over to Barnes and Noble and keeps chucking. He's got everything from Lachs, Estoppel, Waivers, Unclean Hands, Racketeering, Statue of Limitations, Failure to Mitigate, Copyright Misuse, Failure to register copyrights, Failure to prove copyrights, Failure to provide notice of a subpoena, insufficient service of process, failure to join necessary and indispensable parties, lack of standing, failure to state a claim, and good God my fingers are getting tired.

If this document is any indication of the caliber of lawyer Mr. Boggs has hired, than I'd say the RIAA will soon be running away at top speed with its tail between its legs. Huzzah!