Judge Won't Punish Lawyer For Anti-RIAA Blogging
xander_zone_xxx writes with news that Ray Beckerman, known around here as NewYorkCountryLawyer, was not a "vexatious" litigant, as the RIAA claimed. In the same ruling the judge dismissed Beckerman's counter-claims against the RIAA. (We discussed the claims and counters a year back.) "An attorney defending against a music-piracy lawsuit didn't cross ethical bounds by filing motions broadly attacking the recording industry and posting them on his blog, a magistrate judge has ruled, rejecting demands from the RIAA for monetary sanctions. Attorney Ray Beckerman was 'less than forthcoming at times' in defending a client against an RIAA lawsuit, but the music industry's concerns were 'largely overstated,' New York Magistrate Judge Robert M. Levy wrote Friday."
The decision said that, "[a]ccording to plaintiffs . . . counsel 'intentionally provided false information, attempted to misdirect Plaintiffs as to relevant facts and events, and concealed critical information and evidence regarding the infringement at issue,' unreasonably and vexatiously multiplying this litigation and severely prejudicing plaintiffs' ability to learn the critical facts." The complaint sought monetary sanctions under 28 U.S.C. Sec. 1927, which only allows for sanctions if the accused attorney "multiplies the proceedings in any case unreasonably and vexatiously ."
For a more accurate and detailed article on the Magistrate Judge's decision I recommend my own Slashdot submission from last Friday, which Slashdot rejected: "RIAA's "Sanctions" Motion in Lindor Denied"
Ray Beckerman +5 Insightful