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RIAA Lawyer Jumps Ship
NewYorkCountryLawyer writes "The RIAA's top litigation lawyer, who has been personally leading the RIAA's litigation campaign for the past several years, Richard Gabriel, will be leaving his law practice after getting a job as a state court judge for a 2-year term in Colorado. What this will mean to the RIAA's litigation machine is anyone's guess. Mr. Gabriel has personally argued all of the RIAA's main cases, including Elektra v. Barker, Atlantic v. Howell, Atlantic v. Brennan, Capitol v. Foster, Atlantic v. Andersen, UMG v. Lindor, and London-Sire v. Doe 1, and personally tried the Capitol v. Thomas case, the only RIAA case that has ever gone to trial. He was working directly under the supervision of the RIAA's mysterious 'representative' Matthew Oppenheim."
A good start.
It means they'll file to get every case moved to his courtroom.
I don't suffer from insanity, I enjoy every minute of it!
It is dangerous to be right when the government is wrong.
so a man that thinks the RIAA is honest and right is now a judge in the United States Courts. Somehow the words just can't describe the feelings of failure that have surfaced when I read this post.
"RIAA announces they'll be filing all future litigation in Colorado!!!"
Whew! This water sure is cold!
Apparently Governor Ritter doesn't realize how corrupt this makes him look. Anyone associated with RIAA is tainted, and now that taint just got on the governor. I hope Colorado voters know this happened.
In the old days people had a way of dealing with people like the RIAA execs. They grabbed them, stripped them, beat them, coated them in tar and feathers. In other words they made a public example of them to discourage other similar-thinking assholes from doing the same thing. Are we too civilized for that today?
"The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side."
- Hunter S. Thompson
He's appointed to state court, not federal court. Copyright cases are in federal court.
Ray Beckerman +5 Insightful
Aw, man, that's animal cruelty.
Circumcision is child abuse.
I thought the RIAA lawyers were the sharks.
I was once a horse.
As one of my professors used to teach us, it's the smart rat that leaves before the ship sinks.
Lacking <sarcasm> tags,
Actually, I'm sitting here thinking how copyright has been part of the tide that helped turn the US Constitution upside down.
Matters of individual and family welfare were supposed to be handled at the bottom level as much as possible. Somehow, the need to monitor the Kluless Klutz Klan and its ikl from above has been an inroad to stretching the normal lines of control. But people who see chances for personal "advantage" in those long lines of control are naturally going to push to extend them further, so it's only natural that matters of personal privacy end up getting handled under "federal" law now.
So maybe there aren't any privacy concerns that will come up in state court, and this will be a good place to keep the guy where he can't do further damage.
Somehow, I'm not optimistic.
(Yes, I am of the opinion that the primary evil in giving IP a legal existence is that it finishes off the erosion of privacy. RMS's essays on the relationship seemed extreme when he wrote them, but the reality of the threat is becoming quite obvious now.)
Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
I KNEW IT!
I totally knew they were pirates all along!
If you can read this, I forgot to post anonymously.
I conclude you have too much time on your hands.
At least I hope that's time....
The Kruger Dunning explains most post on
Sharks never attack lawyers - professional courtesy.
-- Put crudely, the world is an extremely large problem instance. (Russel/Norvig Artificial Intelligence)
What do you call 1 lawyer chained to the bottom of the sea? Pollution!
What do you call all of the world's lawyers chained to the bottom of the sea? Solution!
Thank you, Thank you! Try the steak!
No sig for the moment.
http://www.lawyer-jokes.us/ One of my favs: What do you do when you see four lawyers up to the neck in wet cement? Answer: get more cement! The point of this post: searching for 'riaa' at that site produces no results. Slackers!!! Get on it!
Kill all the lawyers!
signed,
Will Shakespeare
Matthew Oppenheim is in fact a lawyer. His previous was work was with the MPAA, and he was a key player in shutting down various torrent sites in the past.
He didn't exactly "jump ship," he was appointed to a better job that he probably knew might happen sometime ago. Normally, you don't say you're "jumping ship" unless the said company is on the verge of collaspe, which in the case of the RIAA, sadly doesn't seem to be happening yet. Besides, who wouldn't take the offer to be a judge over working for the RIAA? I do feel sorry for those who enter his courtroom though.
Umm... no, they didn't. Because in the old days, the RIAA would be the people with the money and power - ie, the nobility. They don't get beaten.
Um... why would they? RIAA is only one client of the law firm. None of his (or other judges listed) clients were mentioned either. This is a typical fluff press release, identical for companies and governments: make the people you just promoted look good. What has this to do with political party?
Stop Global Warming!
Just say no to irreversible processes!
"Let them listen to CAKE!"
W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
The voters of the state of Colorado will have the opportunity to boot Richard Gabriel from the bench in the 2010 general election. Should they fail to do so, their next shot will be in 2018.
Colorado citizens now have two years to organize to unseat this particular justice should they find fault with the company he's kept and tactics he's used in his years of loyal service to the RIAA.
Judicial retention elections are almost always ignored but there's ample time to prepare for this one.
Ray, this is what I propose: I will assume the role of an alcoholic homeless person living in a carboard box. During my spare time I will build a computer out of coconuts and driftwood. I will then use this computer to post on slashdot and download illegal files. When the RIAA summons me to court I will make a suit out of seaweed and defend myself. Cunningly I will have counsel (you). I will then throw away my disguise and expose my underpants that I wear outside my stockings, proclaim I am superman, and hit them wear it hurts. What are your thoughts?
I like "Methane Me With Pop" and "Enema Pep With Moth" personally...
Registered Linux User #449434
Interesting how the Republican announcement fails to mention RIAA.
Are you implying the Democrats had anything to say about it? Somehow, I don't think the Democrats and the Republicans are much different on the issue. If you want some indication, look at the PAC money from various lobby groups.
Here is a help with a direct link to the Lobby money from the recording industry.
http://www.opensecrets.org/industries/indus.php?ind=C2600
When you see a Republican in this mess, it makes news. When you see a Democrat, it's buisiness as usual. Be sure to look behind the curtain. Bookmark the homepage.
http://www.opensecrets.org/
and the Alphabetical listing;
http://www.opensecrets.org/industries/alphalist.php
See how your favorite canidate is doing and who supports them.
http://www.opensecrets.org/pres08/index.php
Here is the good one. How is the canidates doing in regard to how the movie, TV, and Recording industry is supporting your canidate. It sure looks they don't care for McCain.
http://www.opensecrets.org/pres08/select.php?ind=B02
With over 3 million each to the Dem canidate and only just over half a million to McCain, you can tell who they want. Follow the money.
The truth shall set you free!
thats how the machine works. spread filth for the machine, and get a crappy position somewhere. then be happy with the small position they saw fit for you in return for the irreparable damage you did to justice and human civilization.
Read radical news here
I guess most jokes still work if you just replace "lawyer" with "RIAA lawyer"
The Tao of math: The numbers you can count are not the real numbers.
What is a "lucky break"?
A bus full of lawyers goes off a cliff.
What is a "crying shame"?
There was an empty seat.
now theyre judges. yay.
By and large, language is a tool for concealing the truth. -- George Carlin
Lacking <sarcasm> tags,
It suggests that he is fleeing a sinking ship, when really he's using the RIAA's crusade against rationality to catapult himself into judicial office. Woo.
I mean, here, if you consider a judge to be for some reason biased in your case, you can file a complaint and, if your complaint has merit (and being an ex-lawyer of the RIAA should be enough merit in a case involving copyright) you can request the judge to be replaced.
Not possible in the US?
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
I have been so on ritter, but have lost all respect for this bastard. If he is putting this guy in as a judge, well, that speaks of ritter's character.
I prefer the "u" in honour as it seems to be missing these days.
If you cannot win cases on there merits then get your lawyers to become the judges. That way they can judge in your favor regardless of merits.
Everyone doing litigation for the RIAA has shown lack of ethics and shady practices. Having that type of background doesn't sound like a good resume to be a judge.
The converse, of course, is not true. ;)
You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
On the topic of favorite lawyer jokes, mine is the classic about the jogging lawyers and the bear. But my lady favors this one (or is it a joke?) "It is possible to get pregnant from anal sex - but you'll have a lawyer."
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
How do you save a drowning lawyer?
Throw him a rock.
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
1. State Judge 2. Low level Federal Judge 3. High level Federal Judge 4. Supreme Court Judge Tim S
Judges who must recuse themselves from any case involving the RIAA? Sounds good to me.
Please don't humanize the morons around me. It makes me very uncomfortable.
I got him, not you! God! what a karma whore!
Grim Reaper
This issue is a bit more complicated than you think.
that's just because mccain aint gonna win. why waste the money on him?
This sort of people always finds a good job to land into. Psychopats are extremely charismatic as well as capable of selling the most incredible lie as truth - take Christopher Rocancourt for example. These people leave a trail of destruction in the lives of the people they touch. In this case, the hundreds (thousands?) of people sued by this psychopat, who probably enjoyed in their misery.
As a judge, he'll be able to cause even more misery. Be afraid.
"The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
Q: You're locked in a room with Adolf Hitler, Saddam Hussein, and a lawyer. You have a gun but only two bullets. What do you do? (yes, assume for the sake of the joke that the dictators are still alive).
A: Shoot the lawyer twice.
On another payroll, yes.
This man of dubious character and questionable ethics is being promoted to Judge?! I'd rather he stay with the RIAA where there's still a possibility of sanctions. He'll do far more damage to hapless victims as Judge than any private litigator.
Who is he friends with that got him this promotion? The Governor himself or was he recommended? And shouldn't we attempt to bring this mans ethics, judgment and morals to public light and try and stop this? This would be like promoting Jeffery Dalmer to head a high school lunch program. Judges are part of the checks and balances in the judicial system and we need better than sitting on the bench. And they say the health system is broken.
-[d]-
I was really hoping this was a more literal headline. Can we please get some better quality on the headline thing? Total letdown on my weekend.
The only change I can believe in is what I find in my couch cushions.
that's just because mccain aint gonna win. why waste the money on him?
Favors and influence. With no campaign support (little) they will have very little pull.
"Hey McCain, we need you to not veto bill XXXXX"
"RIAA, take a flying leap. You gave 6X the money to Democratic competitors in the campaign"
They are not going to have much pull with this one, unless they dangle re-election money. If they do, they need to start early.
I'm with you, I think McCain is going to win. There are enough Democrats that either fully hate Clinton or Obama that there is no way they would vote for them in the primary. McCain is going to get all the Republican votes and maybe 1/3 of the Democratic votes from those who can't vote for which ever canidate that wins the Democratic primary. The mud is way too heavy and the lines of who you can't elect are being drawn. Enough know universal health care is simply health care everyone needs to buy regardless of whether they can afford it. (It's paid by higher taxes and is health care and a government administrative overhead reducing effeciency) so many can't vote for Clinton.
The anti-white and America preacher with the re-opening the race card issues that were settled long ago, and the Hussain name make Obama un-electable as those fearing reverse discrimination, a fear of a president enabling boldness in our terrorist enemies, and such produce another segment of Democrats that will never vote for Obama in the general election.
For these reasons, I think McCain will win. There are too many Anybody but Clinton and Anbody but McCain democrats to elect either in the general election. I may be wrong, but that's what I see. McCain may get really mud covered in the general election as he enters the spotlight after the primary, so things may change. McCain's weak point is the perception of Bush pollitics as usual and the war so he does have a segment that will never vote for him also.
The truth shall set you free!
and then morons in a state county make him a *JUDGE*???????? Wow, he either had no opponent (common for judge elections) or his opponent in the race should gut and roast their research team.
Sorry, you set yourself up for that one, it had to be said.
Ray is *not* defending the indefensible. Ray is defending against the abuse of the system which affects all of us. If there is a genuine claim to be made, so be it. But the skunks who continue process after they find out the defendant is an octogenarian, a little child or even dead need indeed slowing down.
From what I've read so far, this newly minted judge falls rather deeply into the skunk category. If you're willing to ignore that sort of past you might as well get the guy back who sued his dry cleaners for millions because they lost his pants. Morally they appear to be in the same league.
Insert
You know, there's a comic out there called Supernatural Law (previously known as “Wolff & Byrd, Counselors of the Macabre”); the main characters are two laywers, Alanna Wolff and Jeff Byrd, who specialize in being lawyers for movie monsters, witches, and the like.
One year as part of the Amazing Heroes Swimsuit Special, Batton Lash did a picture of Wolff and Byrd walking down toward a gigantic sea monster at the beach, while the narrator was going, “Who are these two lawyers? Why are they unafraid? Could it be...” followed by an off-panel scream. The punchline in the last panel had Alanna Wolff glaring at the rest of the crowd on the beach, the monster looking a little confused, and Jeff Byrd leanint in to say to the monster, “Sorry about my partner there, but she always swore she'd scream of anybody dragged out that chestnut about ‘Professional Courtesy’ again.”
For those of you who didn't RTFA, Gabriel has been appointed to the Colorado Court of Appeals, a position of not inconsiderable power. As such he will be one of 19 judges who have statewide jurisdiction to hear appeals from various trial courts, and can only be overturned by the state Supreme Court, or a Federal court should there be an issue that would give U.S. jurisdiction. Brochure "Colorado Courts at a Glance"
State appeals courts and Supreme courts, incidentally, are high enough in profile to gain the attention of a President who may want to fill a U.S. District Court vacancy. That's where things would get really scary.
It's the court that imposes the fine, not any other organisation. True the RIAA or MAFIAA might 'claim' that their loss is $xxxx but it is the court's fault for accepting the claim as a fact and then imposing a fine to match.
Have a look at soylentnews.org for a different view