Slashdot Mirror

← Back to Stories (view on slashdot.org)

RIAA Wants To Throw In the Towel On 3-Year-Old Case

Posted by Soulskill on from the stick-it-to-'em dept.

NewYorkCountryLawyer writes "After three years of pursuing a home health aide in Brooklyn who has never even used a computer, the RIAA has announced it's ready to throw in the towel. Only thing; it wants the dismissal to be 'without prejudice' so it won't be liable for attorney's fees. The courts have been saying that where a copyright plaintiff gives up, the defendant is presumptively entitled to an attorney's fee award. So, Ms. Lindor says 'no way.' She wants the dismissal to be 'with prejudice,' and she wants her attorney's fees." We've been discussing this case and Ms. Lindor's fight against the RIAA for quite some time.

15 of 171 comments (clear)

  1. Attorney's fees are all well and fine..... by Stanislav_J · · Score: 5, Insightful

    But how about something to compensate her for the harassment, stress, and general upheaval of her life for three years? The RIAA might cave in to paying her fees if they have no other way out of it, but a nice fat damage award would go a long way toward tempering the cartel's tactics, and to encourage others who have been sued. Of course, to get such an award she would probably have to file some sort of countersuit against them, and I doubt she has the stomach for that right now. Shows how in our legal system, even when you win, you still lose to some degree.

    --
    "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
    1. Re:Attorney's fees are all well and fine..... by NewYorkCountryLawyer · · Score: 5, Insightful

      But how about something to compensate her for the harassment, stress, and general upheaval of her life for three years? The RIAA might cave in to paying her fees if they have no other way out of it, but a nice fat damage award would go a long way toward tempering the cartel's tactics, and to encourage others who have been sued. Of course, to get such an award she would probably have to file some sort of countersuit against them, and I doubt she has the stomach for that right now. Shows how in our legal system, even when you win, you still lose to some degree.

      Unfortunately, I can't disagree with anything you just said.

      It's an imperfect system, and definitely being abused at the moment by the large 'rights holders', who have engaged in a maelstrom of litigation in reaction to their imminent demise.

      --
      Ray Beckerman +5 Insightful
    2. Re:Attorney's fees are all well and fine..... by morgan_greywolf · · Score: 5, Insightful

      Perhaps a countersuit? IANAL, but I don't see why she couldn't turn around and sue them for the harrassment, pain and suffering, etc. Or is there some sort of statute that prevents that? Anyone know?

      --
      My blog
    3. Re:Attorney's fees are all well and fine..... by Dan541 · · Score: 4, Insightful

      It's bullshit that plaintiffs are able to withdraw a case.

      Withdrawal should result in an automatic win for the defendant which should cover legal fees, loss of income, compensation for harassment and open the door for libel suits maybe then people will stop abusing the courts.

      How do court case's get started get the RIAA just take you to court so your forced to lose your income to defend yourself or does the submission need approval before it can proceed?

      What do you do about holidays, work or any other form of life, during a case like this?

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    4. Re:Attorney's fees are all well and fine..... by darkmeridian · · Score: 4, Insightful

      Granting a defendant automatic damages if a plaintiff withdraws a lawsuit will lead to many meritless suits prosecuted to the end. For instance, if the RIAA had to pay legal fees, lost of income, compensation for harassment, and libel in this case, they would not be withdrawing the lawsuit. They would rather fight this to the end and wait for the defendant to go bankrupt or cave in. I think the defendant should be given the chance to get damages by filing a countersuit but should not be granted automatic damages lest we create perverse incentives to flog a dead horse.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    5. Re:Attorney's fees are all well and fine..... by Khyber · · Score: 4, Insightful

      No, I say grant automatic damages in court. If you can't prove it, don't fucking bring it. They deserve every bit of shit thrown at them for bringing a FALSE LAWSUIT into court.

      She needs to file and have the RIAA members labeled as vexatious litigants. That'll put a HUGE hole in their operation.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    6. Re:Attorney's fees are all well and fine..... by jobsagoodun · · Score: 4, Insightful

      Anonymous Coward: the gutless twat.

  2. "With Prejudice" needed to send a message by Morgaine · · Score: 5, Insightful

    The RIAA's lawsuits are purely speculative, based on a standard of "evidence" that would be laughed out of court in any other area. When there is no penalty for speculative litigation, litigation becomes a business method instead of an instrument of last resort. This case needs to be dismissed With Prejudice to counteract this misuse of the legal system.

    In addition, the RIAA as plaintiffs suffer no discomfort from a failed lawsuit, as it's all just paperwork and their daily office job for them. In contrast, their defendants suffer horribly from the process win or lose, with years of their lives being damaged and unrecoverable, since the litigation process is entirely foreign to their normal lives. This is unbalanced, unfair, and inadequate.

    Both areas need redress, starting with dismissal With Prejudice and including compensation to the defendant for harm caused. But really more than that is needed. The RIAA lawyers themselves need to suffer some kind of professional penalty that will stay on their record, or this kind of legal abuse will not stop. Without negative feedback, systems spiral out of control, and that is as true in law as in science.

    --
    "The question of whether machines can think is no more interesting than [] whether submarines can swim" - Dijkstra
    1. Re:"With Prejudice" needed to send a message by NewYorkCountryLawyer · · Score: 5, Insightful

      The RIAA's lawsuits are purely speculative, based on a standard of "evidence" that would be laughed out of court in any other area. When there is no penalty for speculative litigation, litigation becomes a business method instead of an instrument of last resort. This case needs to be dismissed With Prejudice to counteract this misuse of the legal system. In addition, the RIAA as plaintiffs suffer no discomfort from a failed lawsuit, as it's all just paperwork and their daily office job for them. In contrast, their defendants suffer horribly from the process win or lose, with years of their lives being damaged and unrecoverable, since the litigation process is entirely foreign to their normal lives. This is unbalanced, unfair, and inadequate. Both areas need redress, starting with dismissal With Prejudice and including compensation to the defendant for harm caused. But really more than that is needed. The RIAA lawyers themselves need to suffer some kind of professional penalty that will stay on their record, or this kind of legal abuse will not stop. Without negative feedback, systems spiral out of control, and that is as true in law as in science.

      I agree. But I am expecting the RIAA's lawyers, who on a daily basis have been making many false statements of fact to the courts, working with unlicensed investigators, misstating the law, and using illegal procedures, to be called to task eventually. It will no doubt be too little, too late, but I'm expecting repercussions for what they've done.

      --
      Ray Beckerman +5 Insightful
    2. Re:"With Prejudice" needed to send a message by grizdog · · Score: 4, Insightful

      Great, but isn't justice delayed justice denied? If the RIAA lawyers are permitted to make a career out of this before they are sanctioned, and get disbarred in an early, comfortable retirement, what is accomplished? And more to the point, what is "officer of the court" worth, if this is the case?

    3. Re:"With Prejudice" needed to send a message by NewYorkCountryLawyer · · Score: 4, Insightful

      Lawyers have to be "zealous advocates" for their clients. That's their job. Would you hire a lawyer who won't go to the mat for you? More than that, it's an ethical imperative. Everyone who's crying out for professional penalties doesn't understand the nature of the profession. I have a great deal of respect for NYCL. He fights like hell for his clients. Of course, that means everything he says is biased for the defense. And everything the plaintiff's lawyers say is biased for the plaintiffs. That doesn't mean either of them are correct about what really happened -- they're just advocating the theory that best suits their client's wishes. And neither of them should be penalized for that, because that's how the system should work.

      I respectfully disagree. The duty to be a "zealous advocate" has to be balanced against the many other duties a lawyer has, under the general concept of serving as an "officer of the court", such as duties not to to make false statements of fact, duties not to mislead the court on the law, duties to investigate before suing, the duty not to sign frivolous or false documents, the duty not to do unnecessary harm to people with whom you come in contact, etc., etc. I would never do, on behalf of any client, the things the RIAA lawyers have done. There are lawyers, and there are attack dogs; these are attack dogs. I do not consider them to be genuinely a part of my profession.

      --
      Ray Beckerman +5 Insightful
  3. Re:Towel???? by morgan_greywolf · · Score: 5, Insightful

    A hitchhiker should never go anywhere without his towel.

    --
    My blog
  4. Mod parent up.. by Joce640k · · Score: 5, Insightful

    Nobody should be allowed to just drop a legal case with no penalty after three years.

    --
    No sig today...
  5. Mickey Mouse by Morosoph · · Score: 5, Insightful

    Copyright (theoretically and used to be in fact) runs out and the work goes into the public doamin with Huck Finn.

    I'm coming to think that the US should make a Peter-Pan type exception for Mickey Mouse, since US congress refuse to let the sun set on the rodent.

    Yes, it would be a barmy exception, but it is still worse, by some considerable margin, that one cartoon character should make law for the whole system of copyright!

    Hell, they should make an exception for Minnie and Pluto while they're at it...

    --
    Wikileaks, no DNS
  6. Her Lawyer deserves some credit too ... by Cassini2 · · Score: 5, Insightful

    I think the reason this suit got this far, and generated as much interesting legal materials and reactions as it did, have much to do with the lawyer working the case. She would have not got this far, if it was not for the efforts of her lawyer. You have demonstrated how to defend and win a case against the RIAA.

    It is not often that we think of lawyers as the good guys, but in this case, the community owes you thanks.

    Good Work.