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RIAA Moves To Keep Revenue Info Secret
NewYorkCountryLawyer writes "In the Boston, Massachusetts case SONY BMG Music Entertainment v. Tenenbaum, the Court had ordered the RIAA to produce certain revenue information, which would be relevant to a determination of the 'fair use' defense. The RIAA has now moved for a protective order to keep the information 'confidential.' In the opinion of the undersigned, the fact that the motion is made jointly by four competitors shows that any claim suggesting the information is valuable or 'proprietary' would be unfounded, and the sole purpose for making the motion is to keep the information out of the hands of lawyers for other defendants, thus increasing the defense costs in other cases."
It would be if it were used to maintain their market dominance or if it were used to harm the consumer by controlling aspects of the market to keep prices high or to keep prices lower than alternatives.
This is about the [ab]use of the legal process. There are other laws regulating that, but at the moment, using the legal system the way the RIAA does is rarely if ever punished. It is unfortunate but there are reasons for being reluctant to make changes or take measures against abuses of the legal process not the least of which would place additional burden, complications and scrutiny on those seeking relief through the legal system and might ultimately lead to preventing some people from being able to seek relief at all.
The RIAA is an aggressive and abusive entity that is designed and intended to be exactly what it is. Unfortunately, seeking relief from the existence or the activities of the RIAA would be a painfully slow if not impossible task. The act of preventing anyone from participating in the judiciary process of government potentially damages the rights of all. (On the other hand, we already prevent convicted felons from participating in elections or other such things and disbarring lawyers isn't unheard of either.)