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Judge Orders Record Company Execs To Duluth

NewYorkCountryLawyer writes "Lest there be any doubt that District Judge Michael J. Davis, presiding over the Duluth, Minnesota, case, Capitol Records v. Thomas, really does 'get it' about the toxic effect the RIAA, its lead henchman Matthew Oppenheim, and their lawyers have had on the judicial process, all such doubt should be removed by the order he just entered (PDF). It removes control of the decision-making process from the RIAA, Oppenheim, and the lawyers. In the order Judge Davis spells out, in the clearest possible terms so that there can be no misunderstanding, that at the extraordinary 2-day settlement conference he has scheduled for later this month, each record company plaintiff is ordered to produce an 'officer' of the corporation, or a 'managing agent' of the corporation, who has corporate, decision-making, 'power.' The judge makes it clear that no one who has 'settlement authority' with any limits or range attached to it will be acceptable. This means that 'RIAA hitman' Matthew Oppenheim will not be able to control the settlement process as he has been permitted by the Courts to do in the past."

7 of 231 comments (clear)

  1. Re:My heart leaped by NewYorkCountryLawyer · · Score: 5, Insightful

    My heart leaped when I first read that as "Judge Orders Record Company Execs To Death". I'm so disappointed.

    I can assure you that if they do show up for this, they will not find it enjoyable.

    --
    Ray Beckerman +5 Insightful
  2. Re:IANAL.. by Fallen+Kell · · Score: 4, Insightful

    Not necessarily. It simply means that whomever represents the different companies must have full authority to agree to any settlement amount, from nothing to everything.

    --
    We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
  3. Re:If only... by GuyverDH · · Score: 5, Insightful

    hmmm - after reading the order... it sounds like if they probably do NOT want to skip this in any way shape or form...

    --
    Who is general failure, and why is he reading my hard drive?
  4. Re:IANAL.. by NewYorkCountryLawyer · · Score: 4, Insightful

    It means they'll probably drop the case to avoid the trouble.

    That would be the smart play, wouldn't it? But then again... they're not known for choosing the smart play, are they?

    --
    Ray Beckerman +5 Insightful
  5. Re:Unfortunately I doubt it by Maxo-Texas · · Score: 4, Insightful

    Nah...

    The RIAA companies (SUE-W) will declare bankruptcy and we, the u.s. tax payers will give them several billion dollars..

    Oh waiter... "Bitter, party of one!"

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  6. Re:Unfortunately I doubt it by sumdumass · · Score: 4, Insightful

    Correct me if I'm wrong, but isn't capitol V Thomas already decided and this is just the settlement portion that was overturned on appeal?

    If that is true, that would mean that all RIAA or the record labels would lose is the settlement. I doubt any class action suits would come about from it.

    I agree that the judge is expecting to expose/determine exactly what's going on. The information gained will probably be ammunition for other cases which might make RIAA's future suits harder to get this far. Perhaps even opening a door to get some other judgments modified too.

  7. Re:IAAL (I am a Lawyer) by gknoy · · Score: 4, Insightful

    Sorry to hear that, Ray. You're one of the people demonstrating that lawyers can be awesome. IF you're not happy doing this, I hope you find something you do enjoy.