NYCL Responds to RIAA Accusations

NewYorkCountryLawyer writes "You may recall that when the RIAA decided to run away with its tail between its legs in the long running Brooklyn case against a home health aide who has never used a computer, UMG v. Lindor, it decided to take some parting shots at the defendant and NewYorkCountryLawyer, asking for 'discovery sanctions,' and blaming them for its inability to prove its case. Today NYCL gave them his response, accusing the RIAA lawyers of persistent misstatements of fact (PDF) throughout their motion papers, and of flouting the rules and misstating the law (PDF). Although the RIAA's motion papers took a number of shots at NYCL's copyright law blog, 'Recording Industry vs. The People,' NYCL confined his response on that subject to a single footnote."

Comments

Re:No FRCP 11(c)(2) motion?

[NewYorkCountryLawyer]

NYCL, I'm surprised. With all of the egregious conduct you're documented, I'm surprised you're just making a declaration in opposition rather than a motion of your own for sanctions under FRCP 11(c)(2). Is your reasoning something you can share with us, or shall we just watch the master in action? ;-)

Can't comment on that.

Here's a link to Rule 11.

Re:Third Person

[NewYorkCountryLawyer]

Why haven't we seen NYCL here for a while? Court gag order or something?

I submitted 2 stories on October 28th, one of which got accepted, one of which got rejected. Since then there just hasn't been any Slashdot-worthy RIAA litigation news.

Re:Third Person

[NewYorkCountryLawyer]

moderation in your submittals is what makes me read every one you post

Thank you. I appreciate that.

I try to keep in mind the distinction between my blog and my Slashdot submissions.

In my blog, I just try to give complete information, so that lawyers representing defendants won't get caught off guard by anything that happens and will have a full set of legal resources to use in preparing their own arguments and legal documents. I.e. I post things that aren't really surprising or newsworthy, but they're just useful information to have in one place.

My Slashdot submissions are confined to things that I think the world should know about. However, Slashdot's editors don't always agree with my assessment and more of my submissions are rejected than submitted.

One thing I try to do, which I see in Groklaw, but nowhere else in the news world, is to give people access to the actual legal documents, so they can make up their minds for themselves. I hate reading news articles about legal events where the articles do not share with the reader copies of any of the underlying documents. In this day and age, where almost all federal litigation is electronic and there are *pdf files of every document, I feel there is no excuse for holding back on that.

Re:But the real question is

[NewYorkCountryLawyer]

Ray, When are you going to get an Amazon wishlist and cash in on all this slashlove you're getting?

All I want is for people to buy stuff for themselves, but buy it through my Ad Links, so I can get a commission. That will help to finance the work I'm doing. A good place to start would be with buying some of the nice, independent, non-RIAA, music I have listed.

Re:Way to go!

[NewYorkCountryLawyer]

I'm just glad to see that the RIAA has a terrorist enemy...

It is they who are the terrorists. I'm just an ordinary lawyer trying to help protect the rights of innocent people from a pack of extortionist bullies who don't care about what is legal or what is right.