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Court Appoints Pro Bono Counsel For RIAA Defendant

Posted by ScuttleMonkey on from the level-the-playing-field dept.

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."

12 of 123 comments (clear)

  1. Faulty assumption? by Lead+Butthead · · Score: 4, Insightful

    This assumes the appointed pro-bono counsel is competent and interested in the welfare of his/her client, which may or may not be the case.

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
    1. Re:Faulty assumption? by The+Grim+Reefer2 · · Score: 5, Insightful

      This assumes the appointed pro-bono counsel is competent and interested in the welfare of his/her client, which may or may not be the case.

      Assuming they are competent, all I can say is that It's about time.

    2. Re:Faulty assumption? by markov_chain · · Score: 4, Funny

      Of course not, he is pro Bono.

      --
      Tsunami -- You can't bring a good wave down!
    3. Re:Faulty assumption? by MarkvW · · Score: 5, Insightful

      Pro bono is not the same thing as public defender.
      Public defenders are for criminal cases--this is civil.

      There are lawyers in big firms who take on cases for the public good. These lawyers have an enhanced sense of social responsibility. Pro bono is short for "pro bono publico" (for the benefit of the public).

      The pro bono lawyer will probably be skilled and ethical and not simply out to make a name for himself/herself. The defendant won't get absurd theatricals and stupid gamesmanship, but will get decent fair representation.

      That alone should be a pain for the RIAA.

       

    4. Re:Faulty assumption? by ari_j · · Score: 5, Interesting

      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.

  2. sigh... by macbeth66 · · Score: 5, Insightful

    I know I shouldn't feel this way, but I just don't care any more. The RIAA has worn me out. I hate all music now. I never want to buy any of their crap again.

    I'll just eat the magical fruit and toot myself to death.

  3. check http://riaaradar.com too by Dan667 · · Score: 5, Informative

    When you buy music, make sure to check http://riaaradar.com/ to see if the album is from a company that funds the RIAA. If they do, don't buy it and stick it to them a couple dollars of lost earnings at a time.

  4. Excellent news by JustNiz · · Score: 4, Insightful

    its great news, but doesn't fix the problem.
    I guess now all the RIAA will do is shift their efforts to people that earn too much to get Pro Bono, but still dont earn enough to be able to defend themselves against being hounded with litigation. In fact this is probably most of us.

  5. Idea by immakiku · · Score: 4, Interesting

    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.

    1. Re:Idea by DMUTPeregrine · · Score: 5, Insightful

      You have just invented insurance. Congratulations.

      --
      Not a sentence!
  6. Original Motion by HaeMaker · · Score: 4, Interesting
    The original motion is quite well written. I especially like this part:

    "Additionally, because criminal behavior on the part of the Plaintiffs may have occurred, I require assistance for qualified counsel appointed by the Courts."

  7. Fair's Fair by FrankDrebin · · Score: 4, Funny

    Pro bono for the defense. Sonny Bono for the plaintiff.

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    Anybody want a peanut?