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Obama Picks RIAA's Favorite Lawyer For Top DoJ Post

The Recording Industry of America's favorite courtroom lawyer, Tom Perrelli, who has sued individual file swappers in multiple federal courts, is President-elect Barack Obama's choice for the third in line at the Justice Department. CNet's Declan McCullagh explores the background of the man who won the RIAA's lucrative business for his DC law firm: "An article on his law firm's Web site says that Perrelli represented SoundExchange before the Copyright Royalty Board — and obtained a 250 percent increase in the royalty rate for music played over the Internet by companies like AOL and Yahoo," not to mention Pandora and Radio Paradise. NewYorkCountryLawyer adds, "Certainly this does not bode well for CowboyNeal's being appointed Copyright Czar."

37 of 766 comments (clear)

  1. Is this really a surprise? by Reverend528 · · Score: 5, Insightful

    He picked their favorite senator as a running mate.

  2. To the Obama Koolaid drinkers by Whatsmynickname · · Score: 5, Insightful

    Between that and this pick, will all the Slashdot Obama koolaid drinkers who thought he was supposedly pro-tech please stand up and be heard now!

    1. Re:To the Obama Koolaid drinkers by ScrewMaster · · Score: 5, Funny

      Between that and this pick, will all the Slashdot Obama koolaid drinkers who thought he was supposedly pro-tech please stand up and be heard now!

      He is pro-technology. After all, DRM is tech.

      --
      The higher the technology, the sharper that two-edged sword.
  3. Oh boy this should be fun by Doghouse+Riley · · Score: 5, Insightful

    I'm popping a big bowl of Orville's best right now.

    If Chimpy McBushitler had done this, it'd be business as usual on /.

    But now that his O'ness has done it, I'm looking forward to a really entertaining read.

  4. And so it begins by QuantumG · · Score: 5, Insightful

    I don't know if you wanna count this as the first chink in the army but the fact is no-one is flawless. Obama is being surrounded by the same assholes that have been driving this country into the ground for decades. No matter how good his intentions may be, he'll believe his trusted advisers and they will believe the lobbyists, cause they just don't know any better.

    --
    How we know is more important than what we know.
    1. Re:And so it begins by morgan_greywolf · · Score: 5, Insightful

      Agreed. Clue-stick for the clueless -- no matter who is in the White House, no matter who is on Capitol Hill, change happens in Washington very, very slowly. The government is a big bureaucracy, run by bureaucrats. The more things change, the more they stay the same. Oh, and as a result -- the changes are usually for the worse, not the better.

      Only one thing will fix our broken democracy at this point -- revolution.

    2. Re:And so it begins by larry+bagina · · Score: 5, Insightful

      First chink? Only if you don't count FISA immunity, Joe Biden, and Hillary Clinton. Hell, Eric Holder (you know, AG nominee) is arguably worse, having signed off on some dubious pardons.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

  5. Re:Quick! by schon · · Score: 5, Insightful

    It sickens me how blinded people are by partisan politics.

    Then why do you engage in it?

    Your first post presupposes *way* too much to be anything other than partisan.

  6. Not Surprising by Rycross · · Score: 5, Insightful

    The Democrats have always been fairly cozy with the media industries in particular, so it wouldn't surprise me if Obama is likewise fairly cozy with them.

    My question is whether the RIAA stuff is the sum of what this lawyer has done with his career, or if there are other achievements, perhaps more noteworthy. It could be that the lawyer in question is indifferent to the RIAA's ideology and was simply representing them in a professional manner. It definitely doesn't make Obama's pick any less questionable and the lawyer any less scummy, but it would at least assuage my fears that the appointee would be pushing the RIAA's agenda from a position of power.

    1. Re:Not Surprising by Rycross · · Score: 5, Informative

      Make no mistake, I am not trying to support Obama's decision. Especially considering that his second pick was Ogden who, according to TFA, "...was responsible for organizing the defense of the Child Online Protection Act..." and "...successfully defended the Sonny Bono Copyright Term Extension Act before the U.S. Supreme Court."

      I did a bit of research using Google and Wikipedia. Wikipedia has some light information on Tom Perrelli. It seems he is most well-known for his copyright litigation, but did do work for the United States Department of Justice, including tobacco industry litigation. Also he was "... defending the constitutionality of federal statutes, defending federal agency action and regulations, representing the diplomatic and national security interests of the United States in courts of law, and conducting significant Title VII, personnel and social security litigation." That's a pretty sanitized summary, and its hard to find out if he was doing good work or bad, but the bit about defending federal agency actions, regulations, and statues against constitutional question leaves me with a bad feeling in my gut. There's a lot of unjust and unconstitutional laws out there, so I'd place my bets on him defending bad laws rather than good ones.

      I couldn't find much on David Ogden, other than his firm's bio page, and fluff pieces. Apparently he was already involved with Obama's transition team and worked for Clinton's administration. He also has experience at the federal level. There's a lot of juicy stuff in the firm's bio page, but he seems to be pretty cozy with media and big corporations. Without a lot of detail, a casual reading suggests that he tends to represent the big corps over the little guys. The only two bright spots seem to be "Obtaining summary judgment and affirmance ... rejecting the claims of a major tobacco company seeking to shut down the .. nationwide counter-marketing campaign to discourage young people from smoking", and "Representing a US media company with respect to the detention and threatened prosecution by US Forces and the Iraq government of the company's Iraqi employee."

      Overall, not much to be happy about. It looks like he picked two big-business, media-friendly lawyers. They have a lot of federal-level experience, but not the kind I would have wanted.

  7. Re:Quick! by larry+bagina · · Score: 5, Funny

    Obama wants to change the system. But in order to do that, he needs insiders, clinton retreads, lobbyists, and big corporate stooges that know how to get shit done. Once he's surrounded by them, he'll be able to change the system.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  8. Well.... by xzvf · · Score: 5, Insightful

    It could be, that like most lawyers, he doesn't actually believe in the RIAA cause and just wants their money. Murderers and rapists need lawyers that just have to be advocates in court and not true believers in their client's innocence. That being said, when you set your expectations higher than the gutter (especially in politics) there is a chance you'll be disappointed.

  9. One character makes all the difference by MWoody · · Score: 5, Informative

    Slashdot headline:
    Obama Picks RIAA's Favorite Lawyer For Top DoJ Post

    Original headline:
    Obama picks RIAA's favorite lawyer for a top Justice post

    Quibbling over a single letter might seem pedantic - and /.'s headline is misleading rather than incorrect - but in this case, that's one very important letter. *sigh* The news lately is like a game of blogger's telephone.

  10. Re:Quick! by marc.andrysco · · Score: 5, Insightful

    I think that we're probably going to see people defending Obama himself rather than his decision. I personally voted for him and generally support him (at least more than McCain), but I abhor this appointment. I hope that Obama will appoint other, anti-RIAA people to help balance things out. I don't follow politics enough to know all the ins and outs, so I can't provide any real insight in this decision. Hopefully some fellow /.ers will give some useful insight other than the typically "Politics as usual", "Democrats suck", "Both parties are the same", etc that goes on every time something political comes up. Maybe something new and useful, like an analysis of his other advisors and appointments to see if there are other pro-RIAA as well as anti-RIAA people.

  11. Re:Quick! by OhPlz · · Score: 5, Insightful

    I'm sure he doesn't want to burn through all his change in his first term. He's probably starting slowly, pacing himself. I'm sure that's it.

    Honestly, I lost all hope when he won the election. Now I'm laughing at all the drones here that fell for the Messiah's clever PR campaign. Here it comes geniuses, are you ready for it?

    Hehehe. It's going to be a spectacular four years. I have no faith left at all, so it's all for entertainment value now.

  12. Re:Quick! by cthulu_mt · · Score: 5, Insightful

    Congratulations on electing a politician. Please enjoy the next 8 years of corporate whoring.

    --
    Virginia is for lovers. EVE is for griefers.
  13. #ifndef MOD_FUNNY by Penguinisto · · Score: 5, Insightful

    The sad part is, I think you struck a nerve. If Bush had done it, oh hell yes we'd hear all about how that eeevil Booosh is taking one more step towards total world domination.

    I do wonder how this one is gonna get spun, though...

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  14. Re:Quick! by schon · · Score: 5, Interesting

    On what basis do you abhor this appointment?

    I can't speak for marc.andrysco, but personally I abhor it because this particular counsel has shown that they are not above outright lying to the court.

    A lawyer's first responsibility is to the court, not the client. They are supposed to represent the client to the best of their ability, but not at the expense of the court. The simple fact that this particular lawyer has had at least one of the judges recommend sanctions speaks volumes about just what kind of morals they have.

  15. And so it begins by Broken+scope · · Score: 5, Insightful

    I can't wait to watch all the hardcore supporters roll back expectations, deny all the claims they made about change, and finally blame the system itself for any failures on the chosen ones part.

    And the rest of us who maybe had a little hope for change are just going to be disappointed with more "new boss".

    --
    You mad
  16. Re:Quick! by Shakrai · · Score: 5, Insightful

    but I feel exceptionally taken by Obama's bait and switch.

    I don't. The bait and switch was telegraphed months before the election. If you voted for him anyway you don't really have anyone to blame but yourself.

    I actually took a week off work and campaigned for him during the primaries. Adding insult to injury was the fact that Hillary (whom I helped him defeat) had the spine to vote against the FISA "compromise". My response to his victory was to apply for my pistol permit before Albany or Washington decides that I shouldn't be able to do so.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  17. Not Suprised by Anonymous Coward · · Score: 5, Insightful

    I'm laughing to myself, because anyone who thought there was going to be serious change in DC was only deluding themselves. Now the truth is becoming apparent, Obama is no different then any other politician except he has a greater personal charisma.

  18. Re:There is a Silver Lining by Shakrai · · Score: 5, Insightful

    RIAA types are allowed into the discussion, but they don't CONTROL the debate or its terms.

    His picks for the Justice Department are pretty fucking scary. He picks a pro-gun control/pro-war on drugs person to lead it and a former RIAA lawyer for #3? Unless John Ashcroft is #2 I don't really see how this could be any worse.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  19. Dear Mr. President: by Anonymous Coward · · Score: 5, Insightful

    It deeply saddens me that you have chosen to appoint Tom Perrelli to be the third in command at the Justice Department.

    This is a man who has represented an organization that has hunted down and victimized children and college students using the legal system as a weapon. He has knowingly and willingly attacked America's supply of future skilled labor, and potential doctors, lawyers, scientists, teachers, and more have all been forced to go into debt to pay off what they have been blackmailed out of.

    And all of this was not done in the name of profit, but of control. Proof has been shown that the RIAA has done nothing but lose money by attacking their customer base, calling them pirates and thieves, violating their rights, and leveraging out of court settlements out of families who do not believe that they have what it takes to fight this injustice in court.

    The man you have chosen for this position is the wrong choice. Please revert this decision. I and others are deeply afraid of what it means to see you appointing him.

  20. Republicans=oil, Democrats=Hollywood by smchris · · Score: 5, Insightful

    Years ago, I wrote Saint Wellstone that I thought it was ridiculous that I could buy a DVD and be a felon for playing it on a linux machine. The reply I got from Saint Wellstone's office said the DMCA was a great thing and he would vote for it again if he had the chance. Just look at where the money comes from.

  21. Re:Quick! by thrillseeker · · Score: 5, Insightful

    constant media misdirection away from Louisiana government's gross incompetence about Katrina was probably the point at which the GOP lost them.

    There - fixed that for you.

  22. It does not work like that... by denzacar · · Score: 5, Insightful

    WHat about that website Obama's been running? Does it have a way to mod this guy down?

    It is very much different than here on Slashdot.

    You get moderator points only once every 4 years.
    Everyone gets moderator points at the same time.
    You only get 1 moderator point.
    It lasts only 1 day (half actually).
    You get to moderate posts of only 2 posters.

    Rest of those 4 years all your posts are automatically moderated as -1 Overrated+Troll, and nobody reads them.

    But if you happen to have shitload of money - you can buy yourself golden undemoteable +5 Insightful+Informative posts.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
  23. Re:Quick! by EbeneezerSquid · · Score: 5, Insightful

    Easy. When Bush requested the legally required permission for federal troops and assistance to cross into Louisiana from the Louisiana Governor, She said no. What was he supposed to do, Fly to Baton Rouge and bully her into making a decision that she felt was unnecessary? I would go to bed too, knowing that I may have to declare a national emergency tomorrow to pull some ignoramus' butt out of the fire because she felt she didn't need federal help. Get a good night's sleep, or try to, to better be able to deal with the shit-storm coming my way.

  24. Re:Quick! by cdrguru · · Score: 5, Insightful

    Trust me, you would not want a federal government that could simply decide to go into a state and take over. "Aw, heck - there's people suffering there and we can help!" No, that would not be a good way to run things. States' rights are there for a reason.

    And every level of government in Lousiana failed the people.

  25. Re:Quick! by Professr3 · · Score: 5, Insightful

    Uh, I don't think Obama's appointments to the DOJ have anything to do with Bush's legacy... It's not Bush's fault we said "Wow, Obama's a technology literate candidate! Let's vote for change!" and then watched as he handed our collective asses to the RIAA.

  26. Re:Quick! by Anonymous Coward · · Score: 5, Insightful

    Funny how Bush "going to bed" didn't seem to affect the people in other places that were hit just as hard, like EVERY county in Mississippi.

    The clear difference between Mississippi and Louisiana was that one place heeded the warnings and didn't wait for the government to hand-hold them out of town while the other still thinks government is the answer to everything.

    I guess when one grows up depending on government handouts, it's hard to make choices on their own even when their lives depend on it.

  27. I'd like to say that I'm surprised here, but... by Gandalf_Greyhame · · Score: 5, Insightful

    Firstly, I am not an American, so please forgive me for any mistakes that I am about to make here.

    From the outside looking in, at least to myself, it appeared to be more a case of who could amass, and consequently spend, the greater amount of political donations.

    I could be wrong here, and I am perfectly willing to accept that, but that is how it appeared to be to me.

    Political donations, or more accurately "bribes," (because that is what they are, regardless of what your government tells you) are used during the campaign to pay for speech writers, spin doctors, and also to pay off the media so that they are cast in a favourable light.

    Then once the vote has been carried out, and the winner decided, all of those people who have donated substantial amounts of money to the campaign, then start demanding their dues. After all it was they who ensured victory, therefore they should be rewarded for their assistance.

    $712M (Banking on becoming President) dollars was spent on the Obama campaign, and you can rest assured that very very VERY little of that was given by your average citizen. So once again, the corporations have elected a president, and now they want something in return.

    I know that democracy is "government for the people, by the people," and I believe that that is what the intention was. However in recent times it has wavered from that ideal, and we are all having our freedoms stripped by our governments on the behest of the corporations (lobbyists, etc) who financially support the campaigns of the political parties.

    --
    I am not stubborn. I am right!
  28. Re:Quick! by TapeCutter · · Score: 5, Funny

    The dude came right out and said "I can't provide any real insight in this decision. "

    Yes, that was the insightfull part.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  29. I'll take that up and defend Obama. by Bruce+Perens · · Score: 5, Insightful

    All right, I'll defend Obama. This really sucks but he's still the right man to be President.

    It's pretty darned inconceivable that he was ever going to agree with us on everything. This particular issue is going to be a difficult one for us to win, even with reasonably enlightened political officials. Don't forget that NOBODY voted against DMCA.

    I still feel wonderful that Obama's going into office rather than McCain. And you can't seriously believe that McCain was going to help us on electronic freedom issues.

    I do hope that EFF, Lessig, etc. raise a platform on this issue that we can help them with.

    I'll be in DC, and in front of some politicians and their staffers, next week. I'll be sure to put in a word about this. But that's going to be the first word, not the last.

    Bruce

  30. Re:Quick! by Jurily · · Score: 5, Insightful

    "It comes from a very ancient democracy, you see..."
    "You mean, it comes from a world of lizards?"
    "No," said Ford, who by this time was a little more rational and coherent than he had been, having finally had the coffee forced down him, "nothing so simple. Nothing anything like so straightforward. On its world, the people are people. The leaders are lizards. The people hate the lizards and the lizards role the people."
    "Odd," said Arthur, "I thought you said it was a democracy."
    "I did," said Ford. "It is."
    "So," said Arthur, hoping he wasn't sounding ridiculously obtuse, "why don't people get rid of the lizards?"
    "It honestly doesn't occur to them," said Ford. "They've all got the vote, so they all pretty much assume that the government they've voted in more or less approximates to the government they want."
    "You mean they actually vote for the lizards?"
    "Oh yes," said Ford with a shrug, "of course."
    "But," said Arthur, going for the big one again, "why?"
    "Because if they didn't vote for a lizard," said Ford, "the wrong lizard might get in. Got any gin?"
    "What?"
    "I said," said Ford, with an increasing air of urgency creeping into his voice, "have you got any gin?"
    "I'll look. Tell me about the lizards."
    Ford shrugged again.
    "Some people say that the lizards are the best thing that ever happened to them,"
    he said. "They're completely wrong of course, completely and utterly wrong, but someone's got to say it."

  31. Re:Quick! by Capsaicin · · Score: 5, Insightful

    Yes, it would be horrible to judge people by the company they keep. And I assume you also believe that Cheney and Bush are completely free of influences of the oil industry, in which they were both employed?

    Were they employed as counsel?

    Do you seriously believe that defending a client on a murder charge amounts to an endorsement of the act?

    A lawyer as a duty to represent their client, irrespective of the lawyer's personal beliefs. I would expect any reasonably ethical lawyer to be able to separate those two interests. Whether they do in fact is a matter of examining the actions of any particular lawyer.

    Whether Bush & Cheney were able to separate their duty to the corporations by which they were formerly employed, and their duty to the American people is similarly a matter of examining their particular actions. It would be invalid to conclude that any person, having been at one time in their life an employee of a corporation, would automatically be incapable of dutifully serving in some governmental capacity.

    Would you like us to lock up any soldier returning from a the front-line where it was their duty to kill, on the basis that now they are killers it's not safe to have them roaming the streets?

    --
    Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
  32. Re:Quick! by Hal_Porter · · Score: 5, Informative

    Hmm, it was an interesting situation

    http://www.nytimes.com/2005/09/09/national/nationalspecial/09military.html?pagewanted=print
    WASHINGTON, Sept. 8 - As New Orleans descended into chaos last week and Louisiana's governor asked for 40,000 soldiers, President Bush's senior advisers debated whether the president should speed the arrival of active-duty troops by seizing control of the hurricane relief mission from the governor.

    For reasons of practicality and politics, officials at the Justice Department and the Pentagon, and then at the White House, decided not to urge Mr. Bush to take command of the effort. Instead, the Washington officials decided to rely on the growing number of National Guard personnel flowing into Louisiana, who were under Gov. Kathleen Babineaux Blanco's control.

    The debate began after officials realized that Hurricane Katrina had exposed a critical flaw in the national disaster response plans created after the Sept. 11 attacks. According to the administration's senior domestic security officials, the plan failed to recognize that local police, fire and medical personnel might be incapacitated.

    As criticism of the response to Hurricane Katrina has mounted, one of the most pointed questions has been why more troops were not available more quickly to restore order and offer aid. Interviews with officials in Washington and Louisiana show that as the situation grew worse, they were wrangling with questions of federal/state authority, weighing the realities of military logistics and perhaps talking past each other in the crisis.

    To seize control of the mission, Mr. Bush would have had to invoke the Insurrection Act, which allows the president in times of unrest to command active-duty forces into the states to perform law enforcement duties. But decision makers in Washington felt certain that Ms. Blanco would have resisted surrendering control, as Bush administration officials believe would have been required to deploy active-duty combat forces before law and order had been re-established.

    While combat troops can conduct relief missions without the legal authority of the Insurrection Act, Pentagon and military officials say that no active-duty forces could have been sent into the chaos of New Orleans on Wednesday or Thursday without confronting law-and-order challenges.

    But just as important to the administration were worries about the message that would have been sent by a president ousting a Southern governor of another party from command of her National Guard, according to administration, Pentagon and Justice Department officials.

    So Bush's advisers clearly thought Blanco was incompetent and discussed using the Insurrection Act to send Federal troops and decided against it. This was in 2005. In 2006 they modified the Insurrection Act.

    http://en.wikipedia.org/wiki/Insurrection_Act#Differences_between_old_and_new_wording
    Differences between old and new wording

    The original wording of the Act required the conditions as worded in Paragraph (2), above, to be met as the result of

        insurrection, domestic violence, unlawful combination, or conspiracy

    The new wording of the Act, as amended, still requires the same conditions as worded in Paragraph (2), above, but those conditions could, after the changes, also be a result of

        natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition

    and only if

        domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of maintaining public order.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  33. Re:Presidential responsibility by Stanislav_J · · Score: 5, Insightful

    I think every Obama supporter (and I am one) needs to temper their lofty expectations with a dose of reality. He's not the Second Coming -- he's both human and a politician, so he already has two strikes against him. He will make (and already has made) some decisions and appointments that will piss us off. It's all a matter of contrast and degree. Considering the debacle of the last 8 years, if Obama is even moderately successful, it will be a vast improvement. He has surrounded himself, for the most part, with some very competent people, yards better than the rouge's gallery that has run the show under Bush.

    If you've been living off rice and gruel for years, you may dream of steak and lobster, but at that point even a humble peanut butter and jelly sandwich is going to taste pretty damn good.

    --
    "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer