Boston Judge Denies RIAA Motion for Judgment

NewYorkCountryLawyer writes "In a Boston case, Capitol v. Alaujan, the defendant is representing herself, without a lawyer. Nevertheless, the Judge denied the RIAA's motion for summary judgment, which the RIAA had based upon the defendant's alleged failure to respond to the RIAA's Request for Admissions. The Court's decision (pdf) held that the RIAA had served its requests for admission prematurely, prior to the conduct of any discovery conference. The Court also noted that the RIAA had upped the ante quite a bit, trying to get a judgment based on 41 song files, even though it had originally been asking for judgment based on 9 song files. This would have increased the size of the judgment from about $7,000 to about $31,000. The Judge scheduled a discovery conference for October 23rd, at 2:30 P.M. and ordered everybody to attend. Such conferences are open to the public."

Comments

Self-defense?

[lawpoop]

I've noticed that a number of these RIAA cases have some people who are choosing to defend themselves. More than I would have imagined. I don't know the specifics of each individual motivation, but I always felt that representing yourself was somehow risky. Perhaps it's lawyers seeking to defend their business by planting the meme that 'a lawyer who represents themself has a fool for a client' -- that you can't separate your emotions from the case well enough to adequately represent yourself? If a lawyer can't represent themself, what hope does a common person have? I can understand representing yourself in a small-claims case, but against a corporation with actual lawyers?

But if common people are representing themselves in cases against the presumably well-financed and well-lawyered RIAA, it gives me some amount of belief that the justice system is ultimately just, or basically fair, and that someone who can present their case in a basic and simple enough manner might actually win. I don't know, maybe I'm getting the wrong idea from these cases, but it gives me hope that if I'm ever summoned to court against a giant corporation, I might actually stand a chance instead of going broke even if I come out a winner.

Does anyone else sense that a surprising number of these cases are being won by people who are defending themself? Why would it be that people are choosing to do so ( are the RIAA cases that easy to knock down ), and is it more than typical for average cases?

Re:Self-defense?

[JustNiz]

Yes people will get screwed if they represent themselves. No the system isn't fair, especially in the USA where lawyers cost a fortune. Thats the reason why people defend themselves. They basically have no choice because they have no money.

Re:Self-defense?

[Sycraft-fu]

It is risky, but they may feel it is worth it. Can't afford to pay the extortion money, can't afford a lawyer so go for broke. Also if the lose the judgement there is the possibility that the court will consider their financial means and set up a payment plan.

Also the RIAA isn't what I'd call "well lawyered". They may have a lot, but the guys in these cases seem like rookies. They do some DUMB shit. Maybe the first time in the courtroom for some of them. In that case, a smart respondent might not be at such a disadvantage, especially if the judge feels sympathy for them and helps them out a bit in legal matters.

Finally, the RIAA has really, really weak cases here. I know it's civil court and reasonable doubt isn't the standard, but even still. Their evidence is extremely shaky and their declarations full of holes. Still not a great idea to defend yourself, but you aren't up against solid evidence.

RIAA is desperate for cash, and bad at math

[SpaceLifeForm]

Bumping up the amount in this case is not even
enough to pay the $68K they owe in an earlier case.

Going from 9 to 41 songs is just bad math.

Re:shaving is for female interest

[Paradise Pete]

So stop trying to be an ass and claim you speak for every woman on the planet.

He said "generally."

Re:When did NewYorkCountryLawer buy Slashdot?

[Anonymous Coward]

and 500 posts within 4 hours

Obviously then it is "news for nerds, stuff that matters" to them. Not going to go into details here or look up links to use, just suffice it to say that the RIAA's efforts in both courts and trying to get laws past to fight "music piracy" has a much greater far reaching effect on the internet and technology people then just whether or not the RIAA gets to grab money from "pirates" or not. Furthermore Ray and other lawyers have gained advice and assistance from these articles as well as Ray's legal blog, so in many ways each victory over the RIAA is a victory for many Slashdotters as they have chosen sides on this as well as participated in helping to achieve a portion of those victories as Ray has acknowledged here in the past. ATM, Ray and Slashdot together are about as close to a Groklaw for the RIAA fight as there is.

Now that I have fed the troll a bit, time for me to go feed myself something more bodily nutritious then words.

Re:Newsworthy

[sumdumass]

Why is this news?

I think it is better served a an example that even the poor are getting a fair shot when defending themselves from huge corporations with tons of money backing their case.

Not only do I see this as promising, I see it as a possible assault to the RIAA style tactics. Most people wouldn't have the money to pay the settlement or the full fine so why not fight it even if you have to learn how to in the process. Worst case scenario, you have lost some time which seems to be a commodity poor people could afford as easily as rich people. If you gave up, your still losing so sweat equity is the best way around. Especially if you have the truth on your side.

Anyways, If RIAA continues picking on people with dirty handed tactics and they keep standing up to them, The costs they cannot recover will mount and maybe even be owed to whoever they are going after. Then maybe they will stop the dirty handed tactics and some rational sense will prevail from the situation.