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RIAA Gives Up In Atlantic Recording v. Brennan
NewYorkCountryLawyer writes "In Atlantic Recording v. Brennan, the landmark Connecticut case in which the first decision rejecting the RIAA's 'making available' theory was handed down, the RIAA has finally thrown in the towel and dismissed its own case. Mr. Brennan never appeared in the case at all. In February, 2008, the RIAA's motion for a default judgment was rejected for a number of reasons, including the Court's ruling (PDF) that there is no claim for 'making available for distribution' under the US Copyright Act. The RIAA moved for reconsideration; that motion was denied. Then, in December, the RIAA's second motion for default judgment was rejected. Finally the RIAA filed a 'notice of dismissal' ending the case."
I think the issue now is whether the RIAA can dismiss the case at this point without prejudice.
Under the Federal Rules, a second voluntary dismissal operates as an adjudication on the merits. This is the second case against Mr. Brennan, the first being the case in which they sued him as a John Doe, obtained a subpoena, learned his name and address, and then dismissed. So it would appear to me that this is 'with prejudice' even though they have labeled it 'without prejudice'. In any event, I don't think they're going to mess with Judge Janet Bond Atherton again, any time soon.
Ray Beckerman +5 Insightful
What the RIAA has realized is that the lawsuits are ineffective (duh, big surprise, dumbasses)
Digital music guy Steve Meyer just came out with a good article on that subject.
Ray Beckerman +5 Insightful
The indies are far more honest and reasonable; they give the music away on websites and via P2P, using the music itself as a reason for you to buy other things (CDs, t-shirts, etc).
Indies also sell their music, and anyone who professes to hate the RIAA should be sure to buy music from indie performers.
Ray Beckerman +5 Insightful
I believe it's ... illegal in the U.S. for a lawyer to refuse a case based on their personal opinions one way or the other
You are 100% incorrect.
Ray Beckerman +5 Insightful
Consider yourself corrected...
Only a public defender *has* to take a case and even then there are ways to get out of it. A private lawyer working, usually, with the initiator of a law suit, can say no for any reason they want (outside of normal discrimination laws)
"Ahh! Arrogance and stupidity in the same package, how efficient of you!" --Londo Molari
I've been reading these stories for years and wanted to thank you for the good work you have all done. It's changed my perspective and my families purchasing habits with music. Everyone I speak with knows I don't purchase music when the RIAA will benefit from it. I go to sites such as secondspin.com, gametz.com or amazon.com marketplace and purchase second hand music if I must have that song. Also I've been using google to find independents to purchase directly online. The internet is a liberating tool. Another reason I'm hoping it becomes like public roads. Everyone should have it available and fast. This way we can punish organizations such as these guys by taking our money elsewhere. Over the last few years I've also switched my home computers to Ubuntu Linux (kicking Microsoft out) and replaced Concast Internet with a local provider. Similar reasons. I don't like their poor attitude and won't do business with them. This is the only way everyday people will get these companies attention. Perhaps they will figure it out. Then again, perhaps they will be the ones asking for a bail out as well. Thanks again and keep up the great work!
On behalf of the folks who have suffered so much from this long RIAA nightmare, thank YOU for being so conscientious about being sure not to do business with the bad guys. I keep a list of independent music sources for consumers such as yourself.
Ray Beckerman +5 Insightful
I said he was incorrect. A civil lawyer does not have to accept any case he doesn't want to accept. Each and every one of the RIAA lawyers is fully and personally responsible for what he or she has done. There is nothing about being a lawyer which excuses their behavior.
Ray Beckerman +5 Insightful