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Judge Orders RIAA to Show Cause in DC Case
NewYorkCountryLawyer writes "The RIAA's 'bumpy ride' in its 'ex parte' litigation campaign against college students just got a whole lot bumpier. After reading the motion to quash filed by a George Washington University student, the Judge took it upon herself to issue an order to show cause. The order now requires the plaintiffs to show cause, no later than November 29th, why the ex parte order she'd signed at the RIAA's request should not be vacated. She's also requested information showing why her ruling should not be applicable not only to John Doe #3, but to all the other John Does as well. p2pnet called this a 'potentially huge setback' for the recording companies."
Ex parte just means without the other team appearing, but the other team just showed up in this case. Show Cause means show cause for their complaint, i.e. justify why the judge should rule one way or the other, it's basically just a hearing date where each side shows up and presents their arguments, but there will be paper sumbissions before then, any evidence and arguments or declarations in writing has to be served on the other parties in advance of the hearing. OSC is your day in court.
"Show Cause" technically means, to prove oneself right" or as to "justify one's actions within the best interests of all concerned." Either way the RIAA can kiss my arse. I get promotional music and play it. This is the way I see things, if you want free Airplay, one needs radio stations and DJ's. No Radio Stations, no DJ, no plug for your new tune! If you like it then buy it. The RIAA is supposed to protect Artists, or are they really just another money making scheme, purporting they are protecting you, as the artist, so you get your Royalties? I think not! Record companies and they're PR dept knows who they have sent out promotional music to and therefore should be immune from Royalty charges. The same applies to PPR. In all honesty, the RIAA is more of a hinderance to the Music Industry, rather than supports it. Whether some people use p2p in order to get the latest tune is another matter. People will use p2p to try and get the latest music as we are a consumer driven society.
It is you who have lost sight of the big picture. The big picture is that we are a nation of laws. The reason I went into the legal profession is because I believe in the rule of law. Bringing frivolous cases based on misstatements of existing law and bogus evidence is contrary to the law.
Secondly, even before I went into the legal profession, I was raised to believe in fairness and decency and courtesy and humaneness.
I have never once suggested to anyone that the laws regarding protection of intellectual property rights should not be followed. I have been working in the copyright field for 34 years, and I have never once said anything like the bogus points you are trying to attribute to me.
Yes the RIAA has to work a "little bit harder".... small details like
(A) identifying the right people, who
(B) actually did infringe their copyrights, and then
(C) handling the matter in a lawyerlike manner instead of an extortionate gangsterlike manner.
Ray Beckerman +5 Insightful