Tenenbaum Lawyers Now Passing the Hat
NewYorkCountryLawyer writes "Just when you think this case couldn't get any stranger, it now appears that the defendant's 'legal team' in SONY BMG Music Entertainment v. Tenenbaum is passing the hat, taking up a collection. Only the reason for the collection isn't to defray costs and expenses of further defending the action, but to pay the RIAA the amount of the judgment so that their client won't have to declare bankruptcy. I would suggest there might have been a much better way of avoiding bankruptcy. It's called 'handling the case competently.'"
I agree. The fact is, the file-sharing cases that actually make it to trial are pretty much loser cases for the defendants. It doesn't matter how competent your lawyer is if the facts are against you. (Actually, and sadly, an incompetent/unethical lawyer who helps make a mess of discovery may provide an edge compared with a competent/ethical lawyer who simply tries to provide the best defense possible).
Would it have made any difference in this case if Tenenbaum's lawyers had objected to the question about liability? Probably not. It was really just a follow-up to questions that showed that yes, he was liable. The judge still could have (and probably would have) removed the question of liability from the table given the evidence against Tenenbaum.
Even if the judge had given the question of liability over to the jury, it seems inconceivable that this jury, which found Tenenbaum liable for much more than the minimum amount, would have found him innocent.
NYCL's commentary regarding the competent of Tenenbaum's counsel is inconsiderate, unnecessary, and unproductive.
If you want the moderators to suppress certain commentary about the story you submitted, why not give them a hand by linking to the comments you dislike.
If you are referring in part to my comments, /. moderators can take them down a notch here, here, here, and here. I don't even think any of them are particularly trollish (although one person's honest commentary is another persons troll).
Personally, I think it is a waste to suppress a handful of comments that only have a score of 1. Who really reads /. below a threshold of 3?