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RIAA Wants To Throw In the Towel On 3-Year-Old Case
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.
They never dreamed that she could/would stick with it this long so they are getting worried. They are used to just bulling people into submission.
I agree they need to compensate her for their unacceptable tactics.
This needs to be plastered across every news station in the country ( but we know it wont, as the *AA is the TV industries buddy )
---- Booth was a patriot ----
Mr. Beckerman (or other attorneys familiar with this case and the relevent law), can you comment on the merit of this request?
I've read the plaintiff's letter and to the lay-person it reads pretty reasonably. In effect, "We can't prove our case because the plaintiffs lied, hid evidence, and generally didn't cooperate to the extent required by law".
I'm sure the plaintiffs are putting the facts of the case in the most favorable possible light to avoid a "with prejudice" dismissal. But without seeing/hearing the actual testimony it's difficult to judge just how overt the defendents actions were, and to what extent the plaintiffs persual of this case had actual merit - i.e. how justified it was and, therefore, to what extent a prejudicial decision might or might not be warranted.
Yes, and in a down-turning economy, as the value of their "holdings" declines, they will turn increasingly to this type of litigation-for-profit to try to keep their stock price up.
You are welcome on my lawn.
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.
Why have you (and other attorneys fighting them) not already filed complaints with their state bars?
Remove the caps and hold to a mirror.
What I think would be fair was if any case brought that was dismissed with prejudice would automatically cost the accusers a fine of exactly as much as the damage they sued for.
That would not only reduce the amount of false claims, but also the preposterous amounts the accused are being sued for.
(I say fines and not compensation. Fines should go to the public and never to the accused, who only should get actual expenses covered. In Ius Commune, a firm principle is that neither the accuser nor the accused must ever benefit economically from the justice system. Rewarding the victim makes becoming a victim desirable, just like rewarding the accuser makes accusations more profitable than avoiding the initial issue.)