Slashdot Mirror
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."
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.