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NYCL Responds to RIAA Accusations

Posted by timothy on from the bob-dole-and-nycl-never-seen-in-same-room dept.

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."

6 of 231 comments (clear)

  1. Way to go! by Fjandr · · Score: 4, Interesting

    It's nice to see someone like NYCL take such an in-your-face position against the RIAA's actions and come out on top.

    1. Re:Way to go! by NewYorkCountryLawyer · · Score: 4, Interesting

      Well, personally I hope you are successful enough that the word "Beckerman" strikes terror in the hearts of all RIAA members and their lawyers.

      Well I think they already don't like me much. As evidenced by them putting their own careers on the line by reaching out to lie about me as they did, in a futile attempt to besmirch my reputation.

      --
      Ray Beckerman +5 Insightful
  2. Re:Footnote by phantomfive · · Score: 5, Interesting

    Being stressed, bashed, scarred, and abused is part of life. Everyone has to deal with it. That happens whether you have the RIAA or not. Having a chance to watch the ones doing the abuse get their just results, if not necessarily humorous, is very satisfying.

    --
    Qxe4
  3. Can't Say This on Ray's Blog by Nom+du+Keyboard · · Score: 3, Interesting

    Any judge these days who buys into the RIAA's bullshit as an absolute moron and should be impeached immediately for a lack of reasoning ability and common sense. These cases, all based on illegal investigations and no valid legal foundation, along with outright lies in the testimony of their sole "expert" at the ex parte John Doe joined subpoena phase should be stopped at that moment.

    It is more than well known that the RIAA method is highly flawed and they have often demanded subscriber information for IP addresses that never existed in the ISP's log. Those are easy to filter out. The real damage comes when the IP address supplied is wrong, but valid to another user. The RIAA admits no error in their procedures and pursues many innocent people.

    But the real blame is the idiot judges who seem incapable of understanding that the RIAA is using the court system in ways it was never intended to be used. It's the very same thing that Direct TV (may they rot in Hell) did only a few years earlier. These judges are apparently seduced that the RIAA members are losing billions of never proven dollars to filesharing and that somehow this must be redressed in trials that never seem to happen. I couldn't think less of the judges in too many of these cases, and am not alone in this regard.

    There, that felt great!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  4. No FRCP 11(c)(2) motion? by Hierarch · · Score: 3, Interesting

    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? ;-)

    --
    --Somebody infect me with a .sig virus, I'm too lazy to write my own!
  5. Re:Footnote by NewYorkCountryLawyer · · Score: 4, Interesting

    I disagree that the cases are "funny". The recklessness expressed by the RIAA lawyers and the utter lack of common sense and decency in both professional and private conduct are disturbing. Please remember that the "accused" are scarred for life. Even if all wrongfully sued people get fully compensated, they still lose out because they have been stressed, bashed and abused.

    Very, very true. You were deservably modded to +5.

    --
    Ray Beckerman +5 Insightful