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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.
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
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.
Maybe the RIAA could make the claim that it wasn't them that filed the papers, but a neighbor using their unsecured wifi?
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 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.
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?
Yes, but they are lawyers. By definition, they not only deserve it, they have *earned* it. ;)
Well if I'm accused of feeling pleasure over the RIAA's misfortune, I am guilty as charged.
Ray Beckerman +5 Insightful
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.