RIAA's Throwing In the Towel Covered a Sucker Punch

NewYorkCountryLawyer writes "The RIAA threw in the towel, all right, but was only doing it in preparation for throwing a sucker punch. After dropping its 'making available' case, Warner v. Cassin, before Judge Robinson could decide whether to dismiss or not, it was only trying to do an 'end run' (if I may mix my sports metaphors) around the judge's deciding the motion and freezing discovery. The RIAA immediately, and secretly, filed a new case against the family, calling this one 'Warner v. Does 1-4.' In their papers the lawyers 'forgot' to mention that the new case was related. As a result, Does 1-4 was assigned to another judge, who knew nothing about the old case. The RIAA lawyers also may have forgotten that they couldn't bring any more cases over this same claim, since they'd already dismissed it twice before. Not to worry, NYCL wrote letters to both judges, reminding them of what the RIAA lawyers had forgotten."

Comments

I'm not a lawyer, so someone please explain this

[Anonymous Coward]

Wouldn't this be contempt of court or some other punishment? I mean, I'm pretty sure the judges can't be too happy about trying to be tricked like this - can they punish the lawyers in any way?

Re:How can they get away with this

[dmgxmichael]

Hopefully the lawyers involved will be disbarred. Probably they will not, but one can hope.

Not a smart move

[Todd Knarr]

I don't think this is a smart move. Given that the first case is still active, and that the new case involves the same acts and the same defendants, can't the defense move to have the new case reassigned to the first judge and consolidated with the first case? I'd think that would be a lawyer's worst nightmare, to have tried this kind of end-run and wind up back in front of the judge you tried to evade anyway. He's sure to be none too thrilled about it, and now has a reason to crack down harder.

Comment removed

[account_deleted]

Comment removed based on user account deletion

Re:Not innocent enough!

[MacDork]

When's the RIAA going to stop suing families and finally go for the homeless people? ;)

They've done that too. They've also sued the dead, people who don't even own a computer, and paralyzed stroke victims.

Re:Dirty Pool

[JustinOpinion]

I should let NYCL answer for himself... but if you look at his comment history, you'll find that he re-iterates that the RIAA lawyers are indeed using unconventionally dirty tactics. He says they are unethical and/or stupid, and sometimes implies that their actions are outright illegal and they should be disbarred.

Example:

It's the RIAA's lawyers that are missing something. I'm not sure what they're missing, but I've got it narrowed down to 2 things: (1) brain cells, or (2) integrity. Or possibly some of each.

Another example:

what they are doing is totally illegal. In federal practice ex parte relief is only granted as a last resort. In these cases the RIAA lies through its teeth to get the order, falsely saying that the ISP or University will destroy the records if they are given notice of the application. It amazes me that there is any judge in the U.S. who would sign such an order. I think you'll be seeing more and more judges refusing, as news of the RIAA's lies spreads.

Another:

How stupid can these people be?....

Good question. I don't know the answer to it. Each time I think they've reached the mountain top, they come up with something even better.

It's as tough as the other question I keep wondering about with these characters:

"How mean and how heartless can someone who was born of a human mother be?" Each time I think I've seen how low they can sink, they find some way to sink even lower.

These questions are simply unanswerable.

I think it's safe to say that NYCL has a low opinion of their tactics both from an ethical standpoint and from a legal practice standpoint.

Re:i want to kill myself

[Kierthos]

So if NYCL is our enemy, as you claim, then what the screaming budgie fuck does that make the RIAA lawyers? Boy scouts, paragons of humanity, and the future leaders of the free world? I think not. The RIAA lawyers, truth be told, are trying to get their clients a victory in civil court. But they are going about it in such a way, that even if NYCL was the stereotypical ambulance chaser kind of lawyer and the kind that carries a spare neck brace for defendants in auto accident cases, he would still look like the good guy in this by comparison.

Snidely Whiplash, tying Little Nell to the train-tracks, would look like a good guy by comparison.

Re:NYCL FTW!

[NewYorkCountryLawyer]

Thanks, aurispector.... you made my day.