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RIAA Wants To Bar Jammie From Making Objections
NewYorkCountryLawyer writes "In the Duluth, Minnesota case headed for a re-trial on June 15th, Capitol Records v. Thomas-Rasset, the RIAA has filed a motion seeking to bar the defendant, Jammie Thomas-Rasset (she got married recently), from making objections to the plaintiffs' copyright registration documents. To preempt those of you reacting with shock and anger at the American judicial system, let me assure you this motion has nothing to do with the American judicial system; the RIAA's motion has the chance of a snowball in Hell of being granted, as there is simply no legal basis for preventing a person from making valid legal objections in Trial #2, just because the lawyer she had in Trial #1 didn't make similar objections. I'm guessing that the RIAA lawyers realized they have some kind of problem with their paperwork, and thought this a clever way of short-circuiting it. Instead, of course, they have merely red-flagged it for Ms. Thomas-Rasset's new legal team. A few days earlier, the RIAA lawyers filed a similarly ludicrous motion trying to keep Ms. Thomas-Rasset's expert witness from testifying; that too is doomed."
Hope NYCL is correct about the RIAA motions failing. Should they succeed, it's like the prosecution calling the defense shots. How does she get a fair trial? Wouldn't something like this be more apropos to either a) trying to bring up something new after the trial has commenced, or b) an appeal situation? NYCL?
If you want your life to be different, live it differently.
To file a motion to bar objections on something that hasn't been the subject of exhaustive motion and discovery practice?
Correct me if I'm wrong (IANAL) you file a motion like that when the other side has been relentlessly arguing a point beyond all sense and reason and you are just trying to get them to knock it off and acknowledge - a la a request for admissions, that reality is what it is. Or perhaps you are asking the judge to compel them to acknowledge that reality is real.
In any event, you don't file this cold on something that hasn't been a bone of contention. That's just painting a target on it, right?
Counsel for Ms Thomas: "Oh wait? you don't want me to ask about your copyright registrations? really? oh? Your Honor, I'd like to see proof that the parties are actual the valid holders of the copyrights at issue in this lawsuit."
Judge: "So ordered"
RIAA counsel: "How could a 7 foot Wookie live on Endor? That... does not make sense. I... do not make sense."
NY Country Lawyer: "Oh no, they're using the Chewbacca defense again!"
Do not taunt Happy Fun Ball
Sorry, but the RIAA has filed a motion to keep me from posting a comment...
Sorry but they've filed a motion to keep me from telling you that their motion is frivolous.
Ray Beckerman +5 Insightful
A snowball insulated with enough money lasts quite awhile here.
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NewYorkCountryLawyer, This isn't the clearest summary you've written. I'd suggest that next time, you just give us the facts, for instance the first sentence of your summary would have been enough, and then you just let us do our part and let us add the outrage, the anger, the guessing, and the confusing remarks, all by ourselves.
So the idea is to make some kind of legal argument limiting the capability of the defendant to defend themselves?
Yes. Because, if she were permitted to defend herself, there's a possibility that, like.......she might win.
Ray Beckerman +5 Insightful
Obligatory Simpsons quote, when Principal Skinner shows up in court to prove that Bart did not kill him:
Prosecutor: "Your honor, I move that Principal Skinner's entire testimony be stricken from the record."
Judge: "Denied!"
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I've hardly ever had to visit his blog due to the marvelous quality of his summaries. Maybe if he cut down on the quality of his summaries he could up the traffic to his blog.
Now you tell me.
Ray Beckerman +5 Insightful
So, do you think that the RIAA was unable to obtain competent representation?
"So, do you know that the RIAA was unable to obtain competent representation?"
There, fixed that for you. The answer is yes.
Ray Beckerman +5 Insightful
some people like to get kinky and like to put on masks... just for the fun of it.
Never antropomorphize computers, they do not like that
Just how badly does a lawyer have to behave in the US to be disbarred?
Well, keep your eye on the RIAA's lawyer handling this case; I think he's trying to find out. He'll probably have an answer for you one of these days.
Ray Beckerman +5 Insightful
Is this essentially:
"Your honor, we ask that the defendant is not allowed to make any statement in her defense"
"What? Why?"
"'cause else we'd lose the case, duh!"
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
To be fair, it's a really nice shaft.....
So you're a cop and I'm a black man?
> ...unless of course you were following the law.
Don't worry. These are RIAA lawyers. You don't have to worry about them making that mistake ;-)
It is easy to get a bulldog to wear a suit. They don't work for the RIAA on moral principals.
But if he starts making his summaries vague and misleading, then he might get tapped to become an editor for Slashdot.
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Next up.... RIAA wants to bar defendant from presenting anything whatsoever to the court (other than an admission of guilt)...
The defendant shall be required to bring a parrot to trial each day and answer all inquiries with the phrase "Yar, I be a salty sea dog".
Asking the judge to bar your opponent from participating in the court? What kind of sheep-brained idiocy is this? How could they even think that was a valid tactic to use? The only possible conclusion is that the RIAA lawyers are the victims of a full frontal lobotomy.
Well I doubt it was a full frontal lobotomy, because all the viciousness is intact.
Ray Beckerman +5 Insightful
But if he starts making his summaries vague and misleading, then he might get tapped to become an editor for Slashdot.
That would be great. Then I would be respected and admired by all, instead of being reviled, mocked, ridiculed, and derided on a daily basis.
Ray Beckerman +5 Insightful
My guess is that the RIAA has a bit more "working capital" than Mr. Beckerman...
Yeah, but their balance sheet is probably looking more and more like mine every day.
Ray Beckerman +5 Insightful
I bet their briefcases are filled with old newspapers, too.
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Are you in for any other form of "nasty beating"? ;))
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To put it in layman's terms, "let's get to know each other first."
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