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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."
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
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!"
Convert FLACs to a portable format with FlacSquisher
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
So you're a cop and I'm a black man?
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