Slashdot Mirror
Florida Judge Smacks Down RIAA
NewYorkCountryLawyer writes "The RIAA is going to have to face the music in Tampa, Florida, and answer the charges of extortion, trespass, conspiracy, unlicensed investigation, and computer fraud and abuse that have been leveled against them there. And the judge delivered his ruling against them in in pretty unceremonious fashion — receiving their dismissal motion last night, and denying the motion this morning. The RIAA's unvarying M.O., when hit with counterclaims, is to make a motion to dismiss them. It did just that in one Tampa case, UMG v. Del Cid, but the judge upheld 5 of the 6 counterclaims. The RIAA quickly settled that one. When a new case came up in the same Tampa courthouse before the very same judge, and the same 5 counterclaims were leveled against the record companies, I opined that 'it is highly unlikely that the RIAA will make a motion to dismiss counterclaims,' since I knew they'd be risking sanctions if they did. Well I guess I underestimated the chutzpah — or the propensity for frivolous motion practice — of the RIAA lawyers, as they in essence thumbed their nose at the judge, making the dismissal motion anyway, telling District Judge Richard A. Lazzara that his earlier decision had been wrong. The judge wasted no time telling the record companies that he did not agree (PDF)."
Hi. I'm the judge in this courtroom. I told your ass to get out of here once. you didn't listen. You came back with the same complaint. Guess what happens. I deny any and all settlement offers you offer to the counter-claimer. I will make it pretty damn clear this time your crap will not be welcome in this courtroom again. Prepare for contempt processes. Oh ya, I'm gonna make sure they put you in the same cell as a guy who likes to steal car steroes.
The same process you use to mass mail your legal complaints can not be used to file your legal responses. This is why fellas. This case is going to get messy *grabs popcorn*
Ask not what you can do for your country. Ask what your country did to you
Agreed. The RIAA should be allowed to break the law and use illegal practices to bring all those horrible copyright infringer's to swift and brutal justice. The RIAA's clients are literally losing TRILLIONS of dollars to people who are worse than terrorists. Personally I think RIAA should be able to hire mercenaries to rid the earth of such scum.
...but if there's a supreme being out there somewhere, I'll agree to start praying to it or sacrificing cans of tuna on its altar or whatever the hell it wants (within reason, of course) if only, please, please, please, there's jail sentences for the bastards at the end of this affair.
I've calculated my velocity with such exquisite precision that I have no idea where I am.
What's the matter, son, the judge upheld all the counterclaims against you? If you litigate as badly as you troll, you're in deep doo-doo.
mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
For you litigation buffs out there, let's take a quiz.
The facts.
A lawyer just filed a 30-page brief in which he (a) devoted 28 pages to repeating the same arguments he had made in a motion that was decided less than 8 months earlier, and (b) devoted 3 pages to telling the judge that his previous ruling was "wrongly decided".
Question #1
What will happen?
(a) The lawyer will win the motion.
(b) The lawyer will lose the motion.
(c) The lawyer will have to find a new line of work.
(d) Both (b) and (c)
Question #2
If you are the client who pays lawyers to do things like that you are
(a) A smart businessperson
(b) A moron
(c) A fool
(d) Both (b) and (c)
Ray Beckerman +5 Insightful
It seems like an automated system. I think the RIAA's legal team has been replaced by a server farm.
IANAT, but if that's really the definition of "frivious", my dictionary is missing a word.
I like to place meaningful quotes in my sig, so people will know that I know what meaningful quotes are.
I've seen that quote attributed to Ben Franklin, but I am sure that Olbermann could have very easily been the originator.
Support the 30 Hour Work Week!!!
No, these scum are far worse than terrorists; they are a plague, an infectious disease that destroys all it touches. Unrelenting, incurable. Even the courts are at their mercy. Mercenaries are not enough, here. Entire armies are insufficient. Not even the Spanish Inquisition (which nobody expects), could handle this. No, they must be wiped out from orbit, with nukes. It's the only way to be sure.
Signed,
The RIAA:
Creators of the Culture,
Bearers of the Truth,
Defenders of the Civilization,
Champions of Liberty,
Dearer than Life Itself,
Dread Rulers of the Abyss (in a good way, we assure you),
Awesome Enough to Have Many Many Titles,
Your Beloved Content-Owning Overlords.
You wouldn't perchance be that certain talentless hack of a lawyer that NYCL has humiliated before, would you? Maybe you weren't cut out to be a lawyer, you know I hear KFC is hiring.
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
I particularly liked the IP address listed. Maybe it was incomplete to "protect" her online identity. ...
Plaintiffsâ(TM) agent, MediaSentry, Inc., determined that the individual used Internet Protocol (âoeIPâ) address 131.247.210 to connect to the Internet.
Exam 4/C again. Maybe I'll do better this time.
Why does a deaf guy need headphones?
Software Debugging - Where doing the same thing over and over gives you different answers. Leading cause of insanity.
Copyright 2010. All rights reserved. This comment may not be copied in any way including, but not limited to caching.
You missed the update. The RIAA and poor recording artists are losing Quadrillions of dollars a second. In fact it's so bad that bands are now resorting to cannibalism. Metallica Ate DEO's drummer and bass guitarist. and Nobody has seen Robert Palmer for a few weeks.
Do not look at laser with remaining good eye.
131.247.210.* - Guilty by association!
I just read Slashdot for the articles.
You wouldn't steal a handbag!
You wouldn't steal a car!
You wouldn't steal a baby!
You wouldn't shoot a policeman, and then steal his helmet!
You wouldn't go to the toilet in his helmet, and send it to the policeman's grieving widow, and then steal it again!
The IT crowd is funneh
GAAH! MY PRINTER IS ON FIRE!!! PUT IT OUT! PUT IT OUT!
In the words of the great philosopher, "Nuke 'em till they glow. Then shoot 'em in the dark."
Words to live by.
If I were God, wouldn't I protect my churches from acts of me?
"Success is based on knowing how far to go in going too far"
My mom always called that "selective hearing". Apparently, all the men in the family suffer from it severely.
If sharing a song makes you a pirate, what do I have to share to be a ninja?
Please don't give them any more lousy ideas, they come up with enough of them on their own, they don't need your help.
And who is going to do the actual "seizing" of the equipment? Feds? Local gendarmes? (I can imagine that will go over big in some jurisdictions.....devoting time and manpower to seizing some geek's equipment for sharing music...)
If the Miller case in Arizona is any guide, I imagine they'll just order you to bring your data in for imaging. An enabled secure delete facility may require some explanation, lest it be construed as destruction of evidence.Your sig wins, by the way.
/. -- the Free Republic of technology.
Yes, but they are lawyers. By definition, they not only deserve it, they have *earned* it. ;)
He means your posts exude smug epicaricacy. I don't necessarily agree, but that's the gist of it.
Given that Gwynne died in 1993, I'd guess he wasn't immortal.
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
Well if I'm accused of feeling pleasure over the RIAA's misfortune, I am guilty as charged.
Ray Beckerman +5 Insightful
Or perhaps, now that he's given them some more rope, he's sitting back quietly while the RIAA's lawyers continue to demonstrate a pattern of abuse of process, in case they come up with some clearer examples.
I would kiss a goat, full on the lips, just to watch the RIAA be found to be a vexatious litigant! http://en.wikipedia.org/wiki/Vexatious_litigation or just google it.
I'm perfectly trasmodic with antipipulation over 'frivious' myself. For a definition, how about "Frivious (Adj.): Any condition both frivolous and trivial.". Since those two words already have substantial but not complete overlap, frivious is very useful for excluding the borderline cases. Now if we just had a word, as the Germans do, for the overlap between sarcasm and irony. (Harlanellisonkeit).
Who is John Cabal?
It takes years of training to master that skill.
Modding Trolls +1 inciteful since 1999
http://www.quotationspage.com/quote/26032.html Einstein... should've guessed that one ;-)
I'm not anti-social, I'm anti-idiot.
Well, there can be only one.
If you can read this, I forgot to post anonymously.
"Frivious" is a perfectly cromulent word!
Yeah, but Keith Richards had his corpse on display, someone ganked it in the fray.
It's hardly a smart move to annoy the judge. This is a pretty accurately aimed footbullet.
"Hardly a smart move" could be the RIAA's secret motto.
"What they did here was flagrantly incompetent. This surprises you? ;)"
Yeah - I expected them to be fragrantly incontinent. Talk about taking the pi55...
'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'