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Foster Demands RIAA Post $210K Security For Fees
NewYorkCountryLawyer writes "A few days ago it was reported that, in view of the RIAA's one-month delay in paying the $68,685.00 attorneys fee award in Capitol v. Foster, and its lawyers' failure to respond to Ms. Foster's lawyer's email, Ms. Foster filed a motion for entry of judgment so that she could go ahead with judgment enforcement proceedings. In response to that motion the RIAA submitted a statement that it had no objection to entry of judgment, and intimated that it thought there would be an automatic stay on enforcement of the judgment, and that it would ultimately file an appeal. After seeing that, Ms. Foster's lawyer has filed a motion for the Court to require the RIAA to post $210,000 in security to cover the past and future attorneys' fees and costs that are expected to be incurred."
So you can not pay the judgment as long as you might possibly decide to appeal the case?
God, I'd love to see somebody use that tactic against the RIAA. Something tells me it wouldn't work so well the other way around.
Goo goo g'joob.
Yes, but since when have the RIAA accepted standard practices when scare-mongering and delaying has worked?
Surely it would be better for the RIAA to just pay up and stop all the publicity about the case. Of course, that probably wouldn't be the best for its lawyers, which suggests where the real balance of power lies. I wonder when the record companies' shareholders are going to come to that realization. They seem a little slow.
Ray Beckerman +5 Insightful
While it's certainly an issue on slashdot, I would say the average person on the street doesn't know (or likely care) because there's not a huge amount of mainstream publicity. From talking to the people at the RIAA, they don't seem to care about the perception. My perception of their perception is that they believe the people who are against them don't understand the problem.
And, as a side note, the "RIAA" is essentially a group of lawyers. There's no issue about where the power lies because they were created to lobby and to sue.
...don't think about it, just do it.
My apologies to all, but when I think of "Lawyer", even "good" ones, I keep remembering this quote from Rustler's Rhapsody:
Rex O'Herlihan: "You're not a good guy at all!"
Bob Barber: "I'm a lawyer, you idiot!"
No matter where you go... there you are.
Ray Beckerman +5 Insightful
For the most part they have been party to the crafting of the law, so it is no wonder that they believe themselves to be above the law. That said, they do not care about paltry things like right or wrong, they wish only to protect their interests and as such a protracted law suit in the long term does them little harm.
Unbreakable toys can be used to break other toys.
Of course, by going the appeal route, they stand to have to pay out more money. And if their appeal is denied, there will then be a storm on the horizon for them, for this case has become very high profile now and if word gets out to the general populace that they are vulnerable, the wolves will surely show up at the door. So what seems like a pittance now will grow with each new case they lose and try to appeal. It will only take two or three more cases like this I think before the tide begins to turn against them. I made a joke yesterday about them having to borrow money from SCO, but given the scope of what they are trying to do and the number of people they are trying to do it to, they could find themselves in deeper than they wished.
GetOuttaMySpace - The Anti-Social Network
I don't know that they want this publicity for being "above the law". If enough people see them as "above the law", then people might actually get pissed off enough to do something to change the laws.
I doubt the issue is really about the money, either. They probably just don't want to admit defeat, since it would encourage others to fight them in court.
Nice rationalization, but it doesn't speak well for strength of character.
Being principled when it's easy means little. Being princpled when it takes sacrifice is the only measure of ethics. If you've come to the point that you can't support the RIAA in good conscience, good for you; now accept that there's a cost to your princples and walk away from RIAA-owned music.
Reshaping your principles to make it painless to avoid supporting the RIAA would leave you ethically no better than they are.
Why would anyone who won ever agree to such an agreement? The RIAA says, we'll pay you now if you sign the agreement, or we'll wait and see if you die before this overcomes all the tricks our lawyers can play on you first. Would you sign to get the money you're entitled to under such circumstances?
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
You think about this too much...
And while I know it would never happen, cases like this, where the plaintiff lost and had counterclaims entered against and lost to the original defendant, yet refuses to pay up, should not be allowed to begin other cases of similar nature (same claims against other defendant(s)) until they either pay up or file appeal or make some motion on the case rather than just delay it. As it is, they seem to be merrily going about their business of launching hundreds/thousands of lawsuits, and still doing so in ways advised and ruled against by the courts (ie: multiple individual john doe cases instead of class-action or bulk filing, ex-parte against students, etc). If they cant be held to honor judgments held against them, or even honor the courts' previous rulings, why should anyone else honor judgments made in their favor? At the least, awards found in their favor should be suspended until they pay up or prove they shouldnt be paying rather than just sitting around wasting the time of the people and the courts as they seem to be doing now.
Asbestos suit is on, and expecting flames of why this is a bad idea...
Tm
Support TBI Research: http://www.raisinhope.org
Umm, you make this sound like it is some game to be won... Do you really go around wearing a T-shirt that states your current Slashdot karma? Who cares who gets points and who doesn't? That is NOT the purpose of the moderation system... Seriously, you should try to get out a bit more.
1, 2, 3, 4, 5... That's the combination on my luggage!