Magistrate Suggests Fining RIAA Lawyers

NewYorkCountryLawyer writes "Angered at the RIAA's 'gamesmanship' in joining multiple 'John Does' in a single case without any basis for doing so, a Magistrate Judge in Maine has suggested to the presiding District Judge in Arista v. Does 1-27 that the record companies and/or their lawyers should be fined under Rule 11 of the Federal Rules, for misrepresenting the facts. In a lengthy footnote to her opinion recommending denial of a motion to dismiss the complaint (PDF, see footnote 5), Judge Kruvchak concluded that 'These plaintiffs have devised a clever scheme to obtain court-authorized discovery prior to the service of complaints, but it troubles me that they do so with impunity and at the expense of the requirements of Rule 11(b)(3) because they have no good faith evidentiary basis to believe the cases should be joined.' She noted that once the RIAA dismisses its 'John Doe' case it does not thereafter join the defendants when it sues them in their real names. Arista v. Does 1-27 is the same case in which student attorneys at the University of Maine Law School, "enthusiastic about being directly connected to a case with a national scope and significance", are representing undergrads targeted by the RIAA."

Comments

What if my name REALLY is "John Doe"

[Anonymous Coward]

Can you imagine if your name really was "John Doe"? Imagine the fun you could have showing up for court dates with alibi's for everything. "No, your honour... I was at a marriage ceremony on that date and I have 200 witnesses as well as photographic and video evidence"

Re:What if my name REALLY is "John Doe"

[Actually, I do RTFA]

an you imagine if your name really was "John Doe"?

Or if your license plate was NO PLATE? It would be hell dealing with all the John Doe warrants that will pop up in automated systems whenever you try to do anything.

Sorry to those of you who follow the above link and get Zango adware.

Hold a lit candle under their scrotum instead.

[Anonymous Coward]

There's no point in fining rich lawyers and even richer multinational media corporations pathetically small amounts of money. Instead of a fine, maybe a lit candle should be held under the scrotum of each laywer and board member. It doesn't have to be held there long. Ten to fifteen seconds should do the trick.

Re:I misread the headline

[techno-vampire]

Into the Sun would also work.

I'd rather not fire them into the Sun right now; it's busy doing the payroll. Would it be OK if I fired them into one of the Dells? None of them are doing anything mission critical.