RIAA Drops Enforcement Case To "Sort Out" Inaccuracies

NewYorkCountryLawyer writes "The other day I reported on my blog that the record companies had assigned, to the RIAA itself, a $4000 default judgment they'd gotten against some lady in Massachusetts, and that the RIAA was going after the defendant with an 'enforcement' proceeding to squeeze the money out of her. Today, it turns out, the RIAA withdrew its motion because, according to the RIAA's collection lawyer, the motion 'contained factual inaccuracies ... which plaintiff needs to sort out' (PDF). The collection lawyer must be new around here; a few little 'factual inaccuracies' never bothered an RIAA lawyer before."

Comments

Re:Better late than never

[NewYorkCountryLawyer]

They are learning the lessons.

I don't think so. I really think this collection lawyer is new to the process, and just realized his clients lied to him. The RIAA's main lawyers wouldn't care about that. This guy might be more of a regular lawyer, who does care about that.

What in the world is there to sort out?

[TechForensics]

Gee, Ray, I read the motion to enforce default judgment and I saw very few facts indeed other than an allegation of identity, and another of nonpayment. What the h*** could possibly need to be sorted out? Unless maybe Mr. Mann's firm, as a reputable one would, *reviewed the allegations of fact supporting the original default judgment* and found them, well, fantastical, to use a kind word.

Re:What in the world is there to sort out?

[NewYorkCountryLawyer]

I'm guessing he found out the RIAA misrepresented something to him.

And unlike the lawyers the RIAA usually uses, he found that a tad problematic.

Re:What in the world is there to sort out?

[SpaceLifeForm]

It really sucks when you hire someone that turns out to
have integrity and won't roll over and be your lackey.

Sounds like RIAA could not afford to properly vet this lawyer.

Re:What in the world is there to sort out?

[drachenstern]

Can I just pause for a moment and point out the futility of attempting to argue with 'our champion' here? I mean, it's one thing to point out an actual fallacy in Ray's logic or reasoning, but when you just try and attack Ray, that will not work out in your favor very well. We all hold him in high regard, and appreciate his work at publicizing the wrongs that are being committed in the name of 'justice'. I know he's not the only lawyer out there doing this, but he's 'our' lawyer.

Then again, you did post AC, so perhaps you realize that.

Also, how is making a guess as to someone else's frame of mind a bad thing? Do you really expect NYCL to just "know" what someone else was thinking? All he can do is guess.

Way to reinforce the stereotype that AC comments have no valid substance on a regular basis, and for reminding me why my thresholds subtract 1 from AC comments. Cheers!

What I find problematic

[Weaselmancer]

Is that he's the first one out of however many the RIAA employs that seems to have a vestige of conscience and a care for due process.

Is it really that bad in your profession Ray? A single guy sparks up and says something decent and it's a news item?

You must have been pretty lonely in law school. We slashdotters always knew you were rare. We just didn't know *how* rare.

Re:What I find problematic

[NewYorkCountryLawyer]

Finding a lawyer that cares about the law might not be newsworthy, but finding one (probably accidently!) employed by the RIAA *IS* newsworthy.

Yes, I find it 'stop the presses' newsworthy.

Re:Better late than never

[stephanruby]

Whatever it is. Do not make assumptions. Yes, you're probably right, but this detail still needs to be investigated by the slash mob. For all we know, the RIAA may have made a bigger error than usual, or better yet a more embarrassing glaring error than usual (which is hard to believe I know, but still let's be ready for anything -- even something that's even more absurd than it usually is).

Re:Better late than never

[Walkingshark]

I think learnding is a perfectly cromulent word.

Re:Better late than never

[shawb]

You are thinking along the same lines as me...

In particular, I was thinking they may have realized something about their argument which could be used in a judgment against them. Better to forfeit now than risk a retrial which could open the doors with court precedent in a ruling against the RIAA, endangering future legal action. (Note the liberal use of indefinite articles... pure speculation)

Re:Better late than never

[GigaplexNZ]

A lawyer with ethics...a novel concept.

Says an Anonymous Coward to everyone's favourite NewYorkCountryLawyer...

Re:Better late than never

[NewYorkCountryLawyer]

For all we know, the RIAA may have made a bigger error than usual, or better yet a more embarrassing glaring error than usual

For me the real news is that the lawyer cared that there was an error. Normally, to these people, that would not be cause for dropping a case, since they are always misrepresenting the facts. You use the word "embarrassing"; this is a foreign concept to most RIAA lawyers. The part of their brains that is capable of feeling shame appears to have been surgically removed.

Re:Boycotts and framing debate on likelihood of fa

[NewYorkCountryLawyer]

Artists can choose to keep control of their copyrights (songs, recorded performances) and sell their own stuff to the public, or artists can choose to lose those copyrights by signing with a label and going into debt to a label.

And that element of choice is exactly what is at the core of the RIAA litigations. Digitalization and the internet have given musicians and listeners the choice of leaving the record company middlemen out of it. And more and more of both are making that choice. Which is why these corporations are doing their utmost to put the genie back in the bottle, and to try and make the internet the kind of closed, monopolistic marketplace that existed before. Be wary of attempts of the record companies to 'work with the ISP's' and to take away net neutrality, because what is at the core is the desire to recruit the ISP's to be their gatekeepers the way vinyl record manufacturing plants, payola to radio stations, and expansive distribution networks were in the past.