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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."
This kind of behavior is the lawyer equivalent of turning the lights off while someone else is in the bathroom. They probably left the toilet seat up too. Grr. Argh... wet socks.
#fuckbeta #iamslashdot #dicemustdie
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.
NYCL writes in third person? Anonymous coward approves.
I decline to enter into a point-by-point rejoinder in defense of my modest foray into "blogging". Suffice it to say that (a) my law blog is irrelevant to the motion, (b) plaintiffs' counsel themselves rely upon the blog in the course of their legal work....(c) many in-house university counsels and student legal services offices refer their students to it ....... (d) many law schools and colleges use it in their curricula ..... (e) many
reputable organizations have found the views expressed in it to be worthy of further in-depth
consideration...... (f) it has been cited in law review articles.....(g) plaintiffs' counsel are not candid
about their real problem with the blog, which is that its existence interferes with their tactic of
attempting to conceal the litigation events and prior inconsistent statements they don't want
others to know about, from judges, litigants, and law enforcement authorities
Emphasis mine. He then goes on to give a specific example of why the RIAA hates his blog, basically because it exposes the stupid things they do to the world.
Must be a fun job to use the law to destroy evil. Kind of like that old movie The Rainmaker. If I were Ray Beckerman, I would feel like I were in a movie.
Qxe4
Here's a guy who has single handedly changed my opinion of lawyers. Certianly he has friends here, I'd give him a dollar. But at the same time his existence speaks badly of other lawyers. The question is: Why are there not more like him? We all recognise the RIAA are effectively an extorion racket. Why do more not speak up and take on these criminals? Leading by example may not be enough. If I were NYCL my focus would be converting more of my peers, raising an army against the RIAA. A one man battle is heroic and all, but sooner or later we all need help. It's time other lawyers saw which way the wind is blowing and get behind this leader.
We salute you, sir.
Mr. Hu is not a ninja.
You're thinking of a different case.
The RIAA voluntarily dismissed this case, and it's in that motion that they are seeking to impose "discovery sanctions" on Mr. Beckerman and Ms. Lindor.
Being stressed, bashed, scarred, and abused is part of life.
True, and people should have some amount of thick skin. But...
When people stress others without caring for their well-being and (more importantly) without a valid reason and do so repeatedly, that's where it becomes chicanery and where I think it's reasonable to step in.
Whether we're talking about schoolyard bullies or corporate dragnet litigation, there should be some way of stopping chicanery. Lawsuits are not like an abusive spouse: you can't just divorce it.
Looked at the Skinnerian way, when people harass you, we need you to have some way of punishing them. Otherwise, as symes said (http://news.slashdot.org/comments.pl?sid=1022819&cid=25690283), you become stressed out with bad effects to your health.
Shame me for using anecdotal evidence all you want; I know what ten years of near-constant bullying can do to you. When you feel universally hated and persecuted, you don't have the most fertile ground for developing social skills; what you do have is fertile grounds for developing social anxiety.
When on top of the endless bullying your cries for help go unanswered, you learn that you can't rely on anyone when you're in need, that no one cares about your well-being, and that people in practice have the right to mistreat you however they want.
I do not want to be expected to tell my children that "this is a part of life".
Service guarantees citizenship. Would you like to know more?
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.
Ray Beckerman +5 Insightful
How would NYCL react to his being cast as Jack Nicholson?
I don't really care who they cast as me, as long as they give me a nice fee -- like maybe 5% of what Jack Nicholson gets for a movie.
Ray Beckerman +5 Insightful
The RIAA voluntarily dismissed this case
Well they don't have the power to dismiss it at this stage, only the Court does. They've made a motion asking for the case to be dismissed.
Ray Beckerman +5 Insightful
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.
Ray Beckerman +5 Insightful
Writing a story about yourself in the third person? Crowing about how muted and controlled your footnote response was? Brag much? I miss the somewhat more.. objective and clean Groklaw postings. Oh well.
If your point is that PJ is a better journalist than I am.... I wholeheartedly agree with you.
What I'm doing -- cataloguing, documenting, and sometimes publicizing -- the details of the RIAA litigation campaign, is a job I wish I didn't have. I do it because no one else is doing it, and it has be done if we are to counter the RIAA's information monopoly.
If PJ wants to take it over, I would be delighted!
Ray Beckerman +5 Insightful