Slashdot Mirror
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 RIAA claimed that Lindor, her family and Beckerman "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."
In other words, the RIAA accuses an opposing attorney of doing the very things that the RIAA does all the time. Shocking.
Indeed, parts of the judge's statement sounds familiar.
“...took an unusually aggressive stance and, at times, veered into hyperbole and gratuitous attacks on the recording industry as a whole...”
Take out the "the recording industry" and put in "music fans" and it applies to the the RIAA. Actually, that would be an understatement.
The RIAAs statement:
The RIAA, in seeking sanctions, said Beckerman “has maintained an anti-recording industry blog during the course of this case and has consistently posted virtually every one of his baseless motions on his blog seeking to bolster his public relations campaign and embarrass plaintiffs,” the RIAA wrote in court briefs. “Such vexatious conduct demeans the integrity of these judicial proceedings and warrants this imposition of sanctions.”
If they were talking about their anti-consumer lobbying instead of anti-recording industry blog and abusive lawsuits instead of blog postings, it would apply to them. Demeans the integirty of judicial proceedings? Jesus, they're using them to try to bully people to keep supporting their exploitative buisiness practices. A blog post, even if it were -actually- just plain mean and biased, does nothing to cheapen our courts compared to suing individuals because you haven't adapted to current technology.
“I’m gratified that the motion was denied. It was based on gross misstatements of fact. I would have preferred for the judge’s language to be stronger. But the result is the same,” Beckerman said during a brief telephone interview.
I see. So in layman's terms, "gross misstatements of fact" means - "Liar, liar, pants on fire!"
It's NOT me! It's the meds! I'm on 1000mg of Fukitol.
I disagree. This is not a single case, but rather a rash of cases that affects nearly everyone age 12-30, and many that are older as well. It's going to be changing laws and attitudes, and Ray is making sure the information is out there to everyone who will listen.
He is going far beyond the duties of a simple lawyer and is actively working to make this a better country.
Whether or not you believe he is making it a better country isn't the issue, either... -He- believes that (and so do many others) and he's working on his beliefs.
That's an admirable thing.
"If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
The RIAA claimed that Lindor, her family and Beckerman "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."
In other words, NYCL has delivered information as required but in the way that was the most advantageous to the interests of the defendant he faithfully represents. NYCL does exactly what the plaintiff's attorneys do by being less than forthcoming with evidence that might harm their case and by characterising their evidence in ways that are not consistent with the facts in the case. (I'm sure NYCL might have exception to this assertion, but when it comes to lawyers, I have a presumption of guilt until proven innocent. [smirk])
In essence, the plaintiff's lawyers complain that NYCL is fighting fire with fire, or in their case, bullshit with bullshit and they can't handle it.
Frankly, I can't believe the plaintiff attorneys can perform this "pot calling the kettle black" act with a straight face. Given that most judges were lawyers themselves, I find it unimaginable that they don't already see through the bullshit.
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 ."
Ray Beckman has been fighting an uphill battle against the recording industry for years, and it's past time he got a bit more recognition for his efforts. A lot of people don't appreciate that every time one of the RIAA's outrageous tactics receives even limited support in a court of law, that tactic will inevitably make its way into normal corporate practice.
This struggle is about a lot more than alleged theft of music. It's about abuse of the legal system by corporations and individuals with deep pockets as they enforce their will on average people by threatening to bankrupt them in court if they dare to fight back against blatantly unfair practices.
I have great respect for Ray Beckman. We need a thousand more like him.
I've calculated my velocity with such exquisite precision that I have no idea where I am.
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
Or have I?