Copyright Law

RIAA files notice basically telling Judge Gertner to 'stick it', in SONY BMG Music v. Tenenbaum

By Ty Rogers and Ray Beckerman

After letting the March 11th deadline for submission of its reconsideration motion, in SONY BMG Music Entertainment v. Tenenbaum, expire, the RIAA has filed a document it calls a "notice" stating that

In response to the District Court?s March 4, 2009, Order, Plaintiffs note that the District Court?s January 14, 2009, Order has been stayed by the First Circuit Court of Appeals and that any issues surrounding that Order are currently pending in the First Circuit. The First Circuit can resolve the broadcasting issue expeditiously without additional briefing or further appeals.

[Ed. note. This vividly demonstrates that the RIAA has the kind of legal representation it deserves.

I have never seen anything like this.

The presiding judge suggested that they file a reconsideration motion, the primary purposes of which were (a) to enable the RIAA lawyers to brief something they had neglected to brief in their initial papers, and (b) to enable the Court to resolve the issue, after having been properly briefed, prior to its having to be resolved by the appeals court..... and the RIAA has simply thumbed its nose at the judge.

What makes this even more astonishing is that the reason the judge has been placed in this awkward position is the RIAA lawyers' incompetence in failing to have brought the 1996 Judicial Council resolution to her attention in the first place.

If there were any doubters among you as to the overwhelming incompetence of the RIAA's lawyers, this should remove whatever doubt is left.

And you nonlawyers out there, don't ask me what this indicates or why the RIAA lawyers did it; or where in the Federal Rules of Civil Procedure it provides for such a "notice". Because I am sure the seasoned litigators out there are as shocked and perplexed as you are.

All I can say is: I guess they feel that the tactic of humiliating the judge who presides over all of their Massachusetts cases, and who has granted them hundreds of judgments and dozens of ex parte orders on meager evidence and insufficient pleadings, against defenseless people, in connection with a situation brought about by their own negligence, is as prudent a course of action as suing one's customers. -R.B.]

Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player

Full post as published by Recording Industry vs The People on March 12, 2009 (boomark / email).