Posts Tagged ‘RIAA and file sharing’

December 5 roundup

  • You are cordially invited to a fishing expedition for lawsuits over energy drink/alcohol mixes. RSVP: Center for Science in the Public Interest [Balko, Reason “Hit and Run”]
  • Recent Overlawyered guestblogger Victoria Pynchon mediates an ADA claim against a Long Beach motel owner. Extortion? Fair compromise? Both? Neither? [Settle It Now, scroll]
  • 19-year-old Ciara Sauro of Pittsburgh is disabled, in medical debt, and waiting for transplant, crowning touch is the $8,000 default judgment RIAA got against her for downloading 10 songs [Ambrogi]
  • “It does not take a graduate degree to understand that it is unacceptable to hide evidence and lie in a deposition” — Seventh Circuit sanctions Amtrak worker for dodgery in workplace-injury suit [Ohio Employers’ Law; Negrete v. Nat’l Railroad Pass, PDF]
  • New Richard Nixon tapes: “I can’t have a high-minded lawyer … I want a son-of-a-b—-.” [Althouse]
  • Aramark suit documents unsealed: girl paralyzed by drunk driver got $25 million in suit against New York Giants stadium beer vendor [AP/Vineland, N.J. Daily Journal, earlier]
  • New York high court bounces Alice Lawrence/Graubard Miller fee suit back to lower courts, says more info needed [NYLJ, earlier]
  • Couple claims retention of $1,075 rental security deposit was racially motivated, seeks $20 million [WV Record; Martinsburg, W.Va.]

November 18 roundup

  • Harvard’s Charles Nesson argues that Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 violates Constitution by letting civil lawyers for RIAA enforce a criminal law [AP/MSNBC, Elefant]
  • In some circles, bitter disappointment at reports that Obama camp probably won’t pursue Bush predecessors as war criminals [Paul Campos, Horton/Harper’s; earlier]
  • Latest on wrangle over “exorbitant” fee: Alice Lawrence’s deposition-skipping before her death could endanger her estate’s claim against Graubard Miller law firm [NYLJ, earlier]
  • One benefit of role as law school mega-donor, as Mark Lanier is with Texas Tech, is that you get to rub (hunting-jacket) elbows with visiting Supreme Court justices [WSJ law blog]
  • Lou Dobbs and Phyllis Schlafly were among those who pushed bizarre theory of secret conspiracy to merge U.S. into “North American Union” with Canada and Mexico [John Hawkins]
  • Senate Dems plan to abolish secret ballot for installing unions in everyone else’s workplace, so how come they insist on one for themselves in deciding how to handle Joe Lieberman? [Dan Riehl via McArdle]
  • Congrats to historian Rick Brookhiser and City Journal editor Myron Magnet, among recipients of 2008 National Humanities Medal [White House release, Brian Anderson, NRO]
  • Jarek Molski, California entrepreneur of disabled-access complaints, loses bid for Supreme Court review of his designation as vexatious litigant [AP, Bashman]

Microblog 2008-11-08

“RealDVDs, surreal law suits”

“Well, that didn’t take long. One day after RealNetworks releases its DVD copying software, lawsuits are filed. Who’s right, who’s wrong, and where do movie fans fit in?” And are movie industry lawyers going to replace RIAA’s as a target at the center of customers’ dartboards? (Robert X. Cringely, InfoWorld, Oct. 1). More: Cory Doctorow, BoingBoing on the peculiar press-anonymity of some of the lawyers (h/t commenter Orval).

RIAA setback in Thomas trial

A judge threw out (PDF) the record industry’s $222,000 verdict against a Minnesota woman in her file-sharing trial, “saying it was based on the faulty ‘making available’ theory of distribution. [Jammie or Jammy] Thomas will face a new trial, in which the RIAA will have to prove actual distribution.” (Richard Koman, “RIAA loses $222K verdict against Jammy Thomas”, ZDNet, Sept. 25; earlier here and here). More: another part of the judge’s ruling, however, may be much more helpful to the record labels: distribution to the labels’ hired investigator can constitute infringement (Ambrogi/Legal Blog Watch).

“Vexatious” to post motions on anti-RIAA blog?

Attorney Ray Beckerman is “one of the nation’s few attorneys who defends accused file sharers” and runs a blog called Recording Industry vs The People that is often cited in coverage critical of Recording Industry Association of America and its massive litigation campaign. Now RIAA is seeking sanctions against Beckerman in a case in which he is defending Marie Lindor. Among its allegations (PDF): Beckerman “has consistently posted virtually every one of his baseless motions on his blog seeking to bolster his public relations campaign and embarrass plaintiffs.” And: “Such vexatious conduct demeans the integrity of these judicial proceedings and warrants this imposition of sanctions.” Although RIAA is seeking to voluntarily dismiss its case against Lindor, it wants sanctions against her too, saying that she obstructed its attempts to ascertain whether she was responsible for file-sharing. (David Kravets, Wired/Threat Level, Sept. 17).

September 11 roundup

July 3 roundup

  • Texas probate and estate lawyers seldom prosecuted when they steal funds, clients told they should just sue to get it back [Austin American-Statesman investigation]
  • About a third of the way down the center strip, then just a bit to the right, you’ll find us on this much-linked map of the campaign season’s most influential websites [Presidential Watch ’08]
  • Given the enormous liability exposure, would a doctor rationally want a major celebrity as a client? [Scalpel or Sword via KevinMD]
  • The loser-pays difference: Canadian franchisees pursue failed class-action claim against sandwich shop Quiznos, judge orders them to pay costs of more than C$200,000 [BizOp via ClassActionBlawg]
  • Annals of extreme incivility: judge condemns “heartless attack” at deposition on opposing lawyer’s pin honoring son killed in Iraq [Fulton County Daily Report]
  • You keep an open wi-fi connection at home and your neighbor uses it to download music improperly. Are you an infringer too? [Doctorow via Coleman]
  • As you’ve probably heard if you read blogs (but maybe not otherwise), one Canadian “human rights” tribunal has dropped action against Mark Steyn and Maclean’s; another still pursuing case [SteynOnline]
  • Prison-overcrowding lawsuit could lead to early release of 27,000 California inmates [TalkLeft]
  • “He absolutely would’ve gotten this DOJ job but for the anti-liberal bias … and he can’t land any other jobs?” [commenter KenVee on lawsuit over politicized Department of Justice Honors/Intern programs, Kerr @ Volokh, background]