RIAA's Attack On NewYorkCountryLawyer Fails

NewYorkCountryLawyer writes "p2pnet.net reports that the RIAA has egg on its face. When the Electronic Frontier Foundation requested permission to file an amicus curiae brief on behalf of Boston University students challenging the RIAA's ex parte discovery order, the RIAA lawyers attacked the blog 'Recording Industry vs. The People' for its criticism of the RIAA as seeking to 'abuse the American judicial system, distort copyright law, and frighten ordinary working people and their children' and then falsely claimed that the blog's author is an EFF attorney — this despite the fact that they know that the blog's author (known on Slashdot as NewYorkCountryLawyer) is a partner in a New York law firm and not an EFF attorney. Judge Gertner apparently wasn't impressed, and granted the EFF's motion, rejecting the RIAA's objections, since she felt amici curiae might 'shed light' on the 'copyright law' and 'computer technology' issues before her."

Comments

NewYorkCountryLawyer

[Phoenix666]

I am glad that NewYorkCountryLawyer posts on Slashdot, because I always learn from his posts.

But my pop-culture saturated brain always translates that username as, "Single Female Lawyer," and I worry about visitors from Omicron Persei 7.

Re:NewYorkCountryLawyer

[Steeltalon]

But that final episode was so great! Imagine how great NewYorkCountryLawyer could make a series finale! I like to hope that it involves Lur eating the RIAA.

Re:NewYorkCountryLawyer

[NewYorkCountryLawyer]

I'm proud to be in the vanguard of the struggle to save Earth from the clones.

Re:NewYorkCountryLawyer

[NewYorkCountryLawyer]

Now that the writer's strike is over, you should shop your story in Hollywood. It's part Erin Brockovich, part "Anatomy of a Murder" with a "lawyer with a heart of gold" main character. Hollywood LOVES remakes. Let's wait until we get a happy ending to go with.

Off topic: how do we, as non-lawyer types, bring some of the lawyers working for the RIAA up to their respective Bar Association for ethical/procedural violations? I would hope that would contain the RIAA better. I don't know. Maybe the Judges will do it for us.

Re:NewYorkCountryLawyer

[NewYorkCountryLawyer]

Of course not. This is the unofficial thread.

Re:NewYorkCountryLawyer

[wish bot]

It also shows the difference that ONE person can make. Now, I know there's more to it than that, but so many people here complain that the only way to enact change is with gobs of money. Well here is proof that dedication, perseverance, and calm rational reasoning CAN make a difference.

Lesson being learned by the RIAA here:

[Enlarged to Show Tex]

It takes far more money to buy the entire judicial system than it does to buy a few hundred politicians

Re:Lesson being learned by the RIAA here:

[Mister Whirly]

Yeah. You also forgot to add BSD is dead, Microsoft is on the way out also, and this will finally be the year of "Linux on the Desktop".

For the non lawyers

[ZanySpyDude]

this helped me out. http://en.wikipedia.org/wiki/Amicus_Curiae_Brief

Re:For the non lawyers

[NewYorkCountryLawyer]

You mean there are non-lawyers here?

Now you tell me.

Re:For the non lawyers

[mooingyak]

The non-lawyers must not post very often. Everything I read here is pretty much dead on for accuracy on legal issues.

Re:For the non lawyers

[RobBebop]

The non-lawyers must not post very often. Everything I read here is pretty much dead on for accuracy on legal issues.

IANAL, but I have represented myself on numerous occasions against various traffic infractions, so I have much experience on all matters of law.

I can see why you would be confused.

Re:For the non lawyers

[Anonymous Coward]

But, for some reason, the authors of most of those posts have a bizarre anal fixation.

RIAA = SCO?

[CheechBG]

is it just me, or are there more and more similarities between the RIAA's public handling of these cases and the SCO ordeal? It seems like ever week or so another judge issues a smackdown to the RIAA's motions or momentum. I hope for the sake of the public that this doesn't drag on as long as the SCO trial did/is, but I can't help but draw the conclusion that the RIAA's path is ultimately doomed. If not doomed by the courts, then doomed by inciting subversion in their user base. It's just a shame that this has to affect so many more people than just SCO vs. Novell/IBM (and Linux users collectively)

Re:RIAA = SCO?

[qortra]

If you get the majority of your news from Slashdot, I think your perception of the state of affairs would be skewed. There are several important differences between SCO and RIAA:

• SCO was evil and stupid, whereas the RIAA is merely evil (though it has had bonehead moments)
• SCO was only known or really recognized among people (usually IT/Software people) who were smart and knowledgeable enough to know just how terrible they were. The RIAA, on the other hand, is a nationally recognized organization, and the majority of people who know them won't have the knowledge or experience to know exactly why they suck so much.
• The RIAA has deep pockets and [until recently] enjoyed the outright support of very large influential corporations. SCO, on the other hand, only had Microsoft which really couldn't outright support SCO (they had to support them through shady deals like buying licenses, and that only goes so far).
• SCO was looking out for SCO. They were a greedy, selfish, stupid company that were willing to bring down the entire open source community for their own profit. The RIAA on the other hand has the interests of an entire business model in hand; they see it as their job to rescue a dying business model from death. Not only do they enjoy the support of their constituent corporations, but also sympathy and legal/lobby aid from their evil sister organizations (MPAA, BSA to name a few).

None of this is written to claim that there isn't hope. However, this will be a much harder battle than SCO. SCO was pathetic, and the RIAA simply isn't.

Euphemisms

[pandrijeczko]

p2pnet.net reports that the RIAA has egg on its face.

I'm not sure this is the correct euphimism to use for the RIAA in this sentence.

Over here in Blighty, the expression "you have egg on your face" is often said to a man who had forgotten to zip up his trouser flies, possibly after visiting a urinal. That's because we British are a quiet and genteel people who consider it quite rude in polite company to shout out "OI, MATE! YOUR F***IN' FLIES ARE OPEN!" and prefer to use this quaint euphemism instead. Of course, the fact that every other British person in hearing range already knows what the euphemism means and immediately starts staring at the target's gusset-region anyway, doesn't enter into it.

However, the fact that this euphemism implies that the target is no doubt displaying a flaccid, tiny, shrivelled willy while everyone else is pointing their fingers and laughing at him can hardly be applied to the RIAA now, can it?

Oh wait...

Re:Euphemisms

[JeepFanatic]

So ... what part of Pittsburgh are you from?

I love NewYorkCountyLawyer

[Bill, Shooter of Bul]

How many times on how many levels can one reference oneself. He submitted an article that was written by him about a court ruling on his work. I'm not dissing him, I'm just envious. Maybe someday, I'll figure out a way to write a fully recursive story.

Re:I love NewYorkCountyLawyer

[NewYorkCountryLawyer]

How many times on how many levels can one reference oneself. He submitted an article that was written by him about a court ruling on his work. I'm not dissing him, I'm just envious. Maybe someday, I'll figure out a way to write a fully recursive story. In my defense, I wasn't planning to submit this article. A friend had the idea, and twisted my arm to do it.

But now that I've done it, I'm glad I did, because I'm reading some of the funniest comments I've ever read, such as this one, this one, and this one. And the thread is only about 20 minutes old at this point, so I would say we're just getting warmed up.

Re:I love NewYorkCountyLawyer

[NewYorkCountryLawyer]

Mr. Beckerman is writing about something that is near and dear to many slashdotters' hearts (mine included) You're right. The way I first heard about Slashdot was that one day I found a post on my blog about RIAA litigation getting clobbered by visitors from a place called "slashdot.org" where an amazing Talmudic debate was under way, in which various participants were citing to various segments of various litigation documents and transcripts. I said to myself

"what the heck is this? it looks like an internet discussion board but it's obviously something much different than that? and who are these people, they seem like lawyers, who else would be interested? but they seem smarter than lawyers? just as argumentative, but more logical?" So I asked my youngest son, who is an astrophysicist and techie, and he set me straight. And my life hasn't been the same since.

Re:I love NewYorkCountyLawyer

[eldavojohn]

So I asked my youngest son, who is an astrophysicist and techie, and he set me straight. He said:

"No, dad, these people aren't like you. They have souls unlike lawyers but they lack lives.

A lawyer will have many dates while a geek or nerd will have none. You might wow a girl by bringing her home to your mansion and serving her fine wine & caviar, a Slashdotter will call upstairs to his mother for more rice krispy treats and kool aid.

You know your bounds on expertise and the law is your opinion. The Slashdotter knows no bounds on his expertise and his opinion is the law.

So you see, dad, if you try and communicate with these beings, you best not make a mistake or confuse Shatner with Nimoy or you'll face the most demeaning comments the internet has ever seen.

Re:I love NewYorkCountyLawyer

[NewYorkCountryLawyer]

You just had to add one more level by posting a comment, didn't you... I always comment. Being a good listener isn't one of my virtues.

Re:I love NewYorkCountyLawyer

[NewYorkCountryLawyer]

No, that is not what he said.

Remember,
(a) he's a geek too, and
(b) I'm basically a nerd, although I've misplaced the pocket protectors which served me so well during my days at Bronx High School of Science.

Re:More Like NewYorkCountryChampion

[eldavojohn]

But my pop-culture saturated brain always translates that username as, "Single Female Lawyer," and I worry about visitors from Omicron Persei 7. The first time I read it, I actually thought it was a pun on The Hyperchicken which would always start his sentences with "Now, your honor, I'm may be just a simple hyperchicken from a backwoods asteroid ..." from the same pop culture show you speak of.

Luckily, once I read his posts, I was quite impressed and informed but also saddened by the way he was treated when he was first interviewed on Slashdot. But lucky for us, he keeps contributing massively and acts as a bridge between us and that strange foreign legal world where logic will get you killed.

Furthermore, I hope I get a follow up story where NewYorkCountryLawyer gets mad and pushes back. Of all the people assaulted by the RIAA, he's the most likely to be able to comprehensively do something about that. Hats off to you, Ty & Ray!

Just, please, NYCL, for the love of God whatever you do do not install P2P client software on your computer at this point! :-)

Only a judge of good character

[zappepcs]

would be able to do this without laughing loudly and falling off their chair... emphasis is mine

the RIAA lawyers attacked the blog 'Recording Industry vs. The People' for its criticism of the RIAA as seeking to 'abuse the American judicial system, distort copyright law, and frighten ordinary working people and their children' and then falsely claimed that the blog's author is an EFF attorney -- this despite the fact that they know that the blog's author (known on Slashdot as NewYorkCountryLawyer) is a partner in a New York law firm and not an EFF attorney. Judge Gertner apparently wasn't impressed, and granted the EFF's motion [CC], rejecting the RIAA's objections, since she felt amici curiae might 'shed light' on the 'copyright law' and 'computer technology' issues before her." The RIAA accused NewYorkCountryLawyer of using *THEIR* business model against them. Surely that is illegal? right?

nycl: an offer

[circletimessquare]

i live and work in midtown, have an hd camera and an editting set up, and a burning passion in support of a common sense approach to intellectual property

i am not looking for a soap box, i am offering you a soap box. if you ever had dreams of pulling a michael moore or a morgan spurlock on the riaa, let's do it

call it "taking on the riaa", or i am sure you can think of a better title. we can sample some of the more egregious bastard things these guys pull, and document, in real time, as they are taken down in case after case, digesting it into something more palatable for the mainstream public by explaining to them why it should matter (in a cinematic way, not a talky way: interview say that woman from wappingers falls who was attacked). emotionally, it would simply be little guy versus vile conglomerate. all factual, no stagey theatrics. but not boring and dry legalese. done right, it would be cinema gold

i'm 100% serious. if you are game, i am willing to commit serious time to this. lead us on nycl. i am sure there are other slashdotters who would sign on to this too

Re:More Like NewYorkCountryChampion

[NewYorkCountryLawyer]

once I read his posts, I was quite impressed and informed but also saddened by the way he was treated when he was first interviewed on Slashdot. Thank you, eldavojohn, for bringing a smile to my face, reminding me of that raucous interview and its aftermath in the comments section. But you needn't have been saddened by my treatment. I loved every minute of it. What you may not know about me is that I come from a family where there is nothing we loved more than a good argument. Combat is in my blood. I totally loved the experience of being interviewed and then roasted on Slashdot. I thrive in an environment where there is freedom to speak freely, because I believe that in a fair and open forum the truth will prevail.

Definition of Amicus Curiae

[sorak]

From Wikipedia

Amicus curiae (plural amici curiae) is a legal Latin phrase, literally translated as "friend of the court", that refers to someone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it. The information may be a legal opinion in the form of a brief - testimony that has not been solicited by any of the parties - or a learned treatise on a matter that bears on the case. The decision whether to admit the information lies with the discretion of the court.

In case anyone else was wondering what amicus curiae meant.

Re:More Like NewYorkCountryChampion

[The Evil Couch]

So, when are you, cpt kangarooski and Compulawyer going to form up like Voltron and deliver an unholy (but fully legal) beating to RIAA? Also, how much will tickets be to attend said event?

Re:More Like NewYorkCountryChampion

[NewYorkCountryLawyer]

Re: Arguments If you didn't enjoy it, you would have picked the wrong field..... Well I did pick the wrong field. But that's a discussion for another day.

been both places

[nomadic]

A lawyer will have many dates while a geek or nerd will have none.

As an ex-sysadmin turned lawyer I can assure you, to my great chagrin, that is not true.

Re:IANAL-BIPOOS

[NewYorkCountryLawyer]

I'm not a Lawyer but I play one on Slashdot I'm not a lawyer. I was one until Slashdot ruined me for it.

Re:IANAL-BIPOOS

[Reziac]

So, you're a lawyer, except on slashdot, where you play a laywer?? My brain hurts. Where's my lawyer, I need to sue someone for damaging my intellectual property! ;)

Re:Geez Louise,-HEY, IN SCOTLAND...

[Nom du Keyboard]

Maybe claim that if you share ear buds with your friend, that you're "stealing" the music? That you should be prosecuted for theft?

Don't laugh. In Scotland just a few months ago, a car repair facility was fined for public performance without a license because the mechanics doing the repairs were playing their radios loud enough for customers in the waiting area to hear. Remember that radios are licensed in Britain, and that they can be really stupid at times. Especially since the customers could have listened to exactly the same station on their own radios without a problem.

Bravo!

[beadfulthings]

New York Country Lawyer, you are an asset to Slashdot. I hope you continue to live long and prosper; you've certainly educated me, and I suspect the same is true for a lot of regular Slashdot readers.

Re:More Like NewYorkCountryChampion

[networkBoy]

Obviously you enjoyed it because you came back ;)

Well I did pick the wrong field. But that's a discussion for another day. Have you considered being a /. troll?? You'd likely make the #1 spot faster than any other troll in history!
-nB

Re:More Like NewYorkCountryChampion

[techpawn]

...where there is nothing we loved more than a good argument.

An argument? This is Slashdot a.k.a Abuse... You want room 12A just along the corridor...

Muchos Kudos to NYCL

[Stanislav_J]

I have always appreciated NYCL's opinions and commentary, and it's not hard to see why the RIAA was so keen on discrediting him. After all, he is their worst nightmare: a lawyer who (a)is not on their side, (b)actually understands computer technology and software, and (c)also understands the dubious legal nature of many of the RIAA's actions. Moreover, he can explain (b) and (c) in ways that even the most clueless judge (not to mention the most non-techie /. reader, like me) can understand. He's showing that the emperor has no clothes (or, at the very least, is in a state of minimal dress) and they take umbrage at that. Keep fighting the good fight, sir -- we salute you.

Re:Is this really significant?

[NewYorkCountryLawyer]

I am avowedly disgusted by the RIAA and hate them just as much as any card-carrying slashdotter, but I have to wonder if this is really a significant defeat. You're absolutely right that it's not unusual for a judge to grant a motion for leave to file an amicus curiae brief.

What is unusual -- in fact in 34 1/2 years of experience in litigation I don't think I've ever seen it happen -- is for some lawyer to be moronic enough to oppose. The RIAA lawyers are the only lawyers I have ever seen do such a thing. They've done it at least twice now, and lost both times.

And what is also unusual is for a member of the Bar to deliberately lie to a federal judge, because the consequences which can flow from that to the lawyer's career are huge. These lawyers deliberately lied to the Judge when they represented that I am an Electronic Frontier Foundation. They also lied to the Judge when they implied that the quote they'd extracted was from February 5, 2008, when in fact it was from months earlier.

Re:Is this really significant?

[NewYorkCountryLawyer]

Well in that case, very stupid move on their part! They can't help themselves. It's in their nature.

Re:More Like NewYorkCountryChampion

[NewYorkCountryLawyer]

I'm used to being forced to concede points to people who make very good points, and reconsider my position because of them. Good lawyers (as opposed to the RIAA's lawyers) do that all the time.

The RIAA's lawyers never concede anything unless the judge calls them on it. (See, e.g. Transcript of January 26, 2007, oral argument in Elektra v. Barker.). Even then, the next time they're in court with a different judge, they'll say the same stupid thing anyway, hoping the second judge won't find out about the first one.