Televised RIAA Hearing Adjourned, Briefs Scheduled

NewYorkCountryLawyer writes "After the lower court adjourned the hearing scheduled to be televised in SONY BMG Music v. Tenenbaum, in order to give the appeals court time to determine the RIAA's petition for a writ of 'mandamus or prohibition', the appeals court set a briefing schedule. Apparently expecting amicus curiae briefs to be submitted, the appellate court set January 29th as a deadline for filing of amicus briefs. One commentator opines that 'the last thing Vivendi Universal, EMI, Warner Music and Sony BMG RIAA attack lawyers want is for people to see them live and in full, glorious color', while another noted Judge Gertner's observation that the arguments raised by the RIAA in the appeals court, relating to the manner of administering the broadcast, had never been raised in the lower court."

Comments

Embarrassed?

[riceboy50]

I'd be embarrassed too if I was trying to extort children and grandmothers.

mafia enforcers

[Anonymous Coward]

Someone explain to me exactly how the riaa and their like are not the exact same thing as the mafia?

And how have we not slapped them all in jail under the RICO laws yet?

They sure seem like the exact same thing to me...

About the only real diffrence i see at all is the real mafia has some sense of honor and respect.
And thats really stretching it.

Re:mafia enforcers

[NewYorkCountryLawyer]

They're operation is entirely legal, and, if they have a problem with a person, they don't rely on violence, or threats thereof, in order resolve their disputes. Instead, they use the court system like we are all supposed to when negotiation fails. Also, unlike the mafia, they make all their money from legitimate business that contributes to society around them.

Are you aware that in strongly contested cases they have relied on such tactics as (a) investigating high school classmates at the local high school and (b) having an investigator impersonating a 10 year old's grandmother making a call to the child's school?

Are you aware that there is almost nothing about their lawsuits that is "legal".

Are you aware that they are engaged in illegal investigations?

Are you aware that they have hired retired police officers to advise defendants that copyright infringement is a criminal matter?

Are you aware that their conduct often borders on, or crosses the boundary into, extortion?

Are you aware that they knowingly bring, and the continue to prosecute, sham lawsuits against people who they know have not infringed their copyrights?

Are you aware that their lawyers on a daily basis sign court documents which they know are false?

Are you aware that they have been deliberately violating a court order since 2004?

Are you aware that they have been deliberately flouting the Federal Rules of Civil Procedure?

If I thought their conduct was "legal" I would resign from the Bar immediately, because I wouldn't be a part of a legal system that condoned their vile conduct.

However, the reality is that they violate the law on a daily basis, just like other organized criminals to whom we are analogizing them.

Go Judge!

[Locke2005]

Gertner noted that the decision did not limit streaming to the Berkman Center's Web site, saying RIAA also is free to subscribe to the CVN recording and to make it available to the public at a Web site of its choosing, provided that the group observes conditions already set by the court, including streaming unedited material. Gertner's effectively saying "You can stream it yourselves too, assholes!" which pretty much negates all of the RIAA's objections to a biased venue for hosting the stream, doesn't it?

Re:Supernatural?

[LostCluster]

Publicity of the RIAA legal efforts is not their friend. Expose how to beat a weak argument, and that weak argument becomes even weaker.