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Court Appoints Pro Bono Counsel For RIAA Defendant
NewYorkCountryLawyer writes "In what could be a turning point in the RIAA's litigation campaign, a Michigan judge has decided to appoint pro bono counsel to represent college student Brittany Kruger, who is being sued by the RIAA in SONY BMG Music Entertainment v. Kruger. As this article points out, 'if other judges follow suit, things will change dramatically.' That is because the RIAA's entire litigation campaign is based upon economic inequality of the litigants: almost none of those sued by the RIAA can afford legal representation, and the RIAA has a huge economic incentive to fight cases to the death, while the defendants have no economic incentive greater than the 'settlement' amount, which they often pay even when entirely innocent. If the courts follow the lead of District Judge Timothy P. Greeley [PDF], and appoint pro bono legal counsel, the RIAA will no longer be able to achieve the easy pickings default judgments and 'settlements' it's routinely obtained in the past."
What if we created a union of RIAA suit defendants? So we'd all pre-emptively buy in to a reasonable number - say enough money to go to court against RIAA if they sued 5% of everyone in the union. So say there's 1000 members, they'd contribute enough to the pool so that if 50 of the members get sued, they should have enough resources to go to court. Every time a case is lost against the RIAA the defendant will have to reimburse the pool.
I think this would level the playing field too. The idea is that everyone who is sued and is in this union is able to defend, instead of succumbing to debt. And the pool is only losing money proportional to how much the RIAA is losing. And if the RIAA legitimately have a case, the pool doesn't get diminished.
"Additionally, because criminal behavior on the part of the Plaintiffs may have occurred, I require assistance for qualified counsel appointed by the Courts."
ironically, my music consumption has gone way down as well. i used to listen to mp3s in the car but cbc talk radio has taken over my commute.
result ? no music.
Any band that has signed with a major label since Napster was shut down is complicit.
W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
Actually, as an attorney, I can say that it's not always that cynicism-worthy. Many young, bright attorneys choose to work for firms that give them leeway to take on pro bono cases, specifically because they know that they can do some good for the world by taking them. I personally hate the numerous times every week that my phone rings and I think to myself, "I wish I could afford to help this guy for free, because what was done to him is just plain wrong.," and then explain that it's not the type of case I can handle on a contingency fee basis and that it will cost him X dollars per hour. I give every person who calls me the advice not to chase bad money with good, and all too often they take it, much to my chagrin, because I really wanted to help them out.
That said, by most attorneys' third year at the mega-firms that have very pro-bono-friendly policies, they fit the pattern you described to a tee. Youthful idealism gives way to wanting more status symbols fairly rapidly when you work at those places.