Copyright Law

RIAA attempt to enter judgment for twice settlement amount rejected by Judge Gertner in Boston

By Ty Rogers and Ray Beckerman

In settling cases, the RIAA has an unusual practice of sometimes asking the defendant to agree to an immediate judgment for twice the actual settlement amount.

This practice was rejected on November 18th, in Boston, by Judge Gertner, in a case in which a defendant who was not represented by counsel signed such a settlement:

Judge Nancy Gertner: ELECTRONIC ORDER entered re Stipulation To Judgment and Permanent Injunction filed by All Plaintiffs as to defendant LaShaana Straw. "The parties' Stipulation to Judgment is DENIED. Plaintiffs request that the Court approve a Stipulation requiring the Defendant to pay $10,700, yet state in their Response that they have agreed to accept half that amount, $5,350, in full satisfaction of the monetary portion of the proposed judgment. The Plaintiffs do not provide any reason for this highly unusual arrangement, and the Court will not approve a stipulation which fails reflect the actual terms of the agreement. The Plaintiffs must present to the Court a proposed judgment which accurately states the amount the Defendant will be required to pay to settle the claims."

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Full post as published by Recording Industry vs The People on November 18, 2008 (boomark / email).