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RIAA Backs Down In Texas Case
NewYorkCountryLawyer writes "After receiving a Rule 11 Sanctions Motion (PDF) in a Houston, Texas, case, UMG Recordings v. Lanzoni, the RIAA lawyers thought better of proceeding with the case, and agreed to voluntarily dismiss the case 'with prejudice', which means it is over and cannot be brought again. The defendant's motion papers detailed some of the RIAA's litigation history against innocent individuals, such as Capitol Records v. Foster and Atlantic Recording v. Andersen, and argued that the awarding of attorneys fees in those cases has not sufficiently deterred repetition of the misconduct, so that a stronger remedy — Rule 11 sanctions — is now called for."
First to NewYorkCountryLawyer, thanks from all of us for fighting the good fight!
And a question, what is the impact of these sanctions? Could this cost the RIAA enough to really act as a deterrent? Also, if at all how is this relevant in future cases?
A few questions for anyone who might know:
1. Does voluntarily dismissing the case with prejudice prevent them from getting sanctioned?
2. Independent of #1, what happens if you are sanctioned under Rule 11?
3. How often is a party sanctioned this way?
William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
When will the RIAA stop wasting money on these cases?
They won't. The old business model is dead, and the new business model is brain dead. The old model was that it cost uberbucks to record an album, so the artist couldn't make a record without the labels.
Now, the price of recording has come down to the point that anybody can record an album in a professional studio and have the CDs professionally pressed and packaged for as little as $1 per copy.
This leaves the labels to distribute and market, and marketing means radio. You have to be on a major label to get on the radio.
The independants have the internet and P2P, and THIS is what the labels are trying to kill; it's about stifling the competetion.
The new business model is paid downloads. The trouble with this is the indies are giving FREE downloads for promotion and making their money off CDs and live shows.
The music industry as we knew it is dead, and I for one am glad. The RIAA labels' days are numbered, and they won't be able to steal from their artists and customers for too much longer.
Lawrence Lessig talks about the four reasons for P2P in his book Free Culture. Cory Doctorow talks about it in the preface to his book Little Brother, which has been on the NYT best seller list. You can buy either book at any bookstore, or check it out for free at your local public library, or download them for free from the authors' prospective websites.
Both books are making a handy profit. As I said, Doctorow's is a best seller, which kind of puts the lie to the RIAA's pathetic whining.
Free Martian Whores!
They're setting it up so either everyone is forced to pay into their welfare system for a failed industry through a tax on all internet connectivity or they can, without proof or recourse, have you disconnected from the internet.
It could actually be a good development. If everyone were forced to pay, everyone would share an interest in stopping RIAA. The way things are now, only people unlucky enough to have been sued have an interest in stopping them.
I consciously don't buy music anymore. I don't pirate it either. I just do without. Why? Because I can't bring myself to give my hard earned money to the thieving cocksuckers that comprise the RIAA and contribute to their program of turning the internet into a police state. Nothing that they can possibly produce is worth giving up on our freedoms.
In England, there is the possibility of being declared a "vexatious litigant", which severely restricts your ability to bring lawsuits.
Is there an equivalent in the US, and if so, how close are the RIAA to being placed on the list?
I sure hope her attourney files, and the judge uses a significant multiplier on the fees...
Perhaps the same multiplier the RIAA uses to calculate damages per mp3?
I am the richest astronaut ever to win the superbowl.
How difficult would it be to get together a class action suit against the RIAA for harassment of the general public (or preferably some more targeted group) Since there seems to be a mass of evidence accumulating indicating that they are not being too careful with the targets of their litigation.
Why bother
They're getting to the point they don't need the litigation anymore. They're setting it up so either everyone is forced to pay into their welfare system for a failed industry through a tax on all internet connectivity or they can, without proof or recourse, have you disconnected from the internet.
Your recourse is a libel suit. Now thay have to prove you are a pirate, or pay you off.