Wednesday, March 07, 2007

RIAA Lawyer Needs More Time in Santangelo case because he's busy writing briefs in Capitol v. Foster and UMG v. Lindor

The RIAA's lawyer, Richard Gabriel, has requested more time to prepare his reply papers in support of his motion to dismiss without prejudice in Elektra v. Santangelo on the ground that he is busy writing briefs in Capitol v. Foster and UMG v. Lindor. Ms. Santangelo did not oppose the request, and the Court granted it:

March 6, 2007, Letter of Richard Gabriel, and Memo Endorsed by Judge granting application*

* Document published online at Internet Law & Regulation

Keywords: digital copyright online download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

7 comments:

AMD FanBoi said...

Does this mean that the RIAA lawyers are getting overloaded with work? Did they actually think that nobody would fight back? Or that one fool would actually try to fight back, and be so squashed in the process that the rest would timidly hand over their money? Here it's been years, and still none of these cases have made it to trial.

Scott said...

Mr. Gabriel seems as busy as the proverbial beaver. :)

Ray Beckerman said...

Dear alter_fritz, you're right, I noticed that myself. I guess I'll have to go back to putting in the whole link, to avoid that happening in the future. Thanks for looking out for me.

Ray Beckerman said...

Dear amd;

There's an important lesson here. I think that they are crumbling, because more people are fighting back.

And yet, the total number isn't that great.

So it illustrates the importance of fighting back. If a few hundred more victims choose to fight back instead of defaulting or capitulating, the whole thing will come crumbling down.

Ray Beckerman said...

yeah, scott, there's no limit to how many fake lawsuits one can dream up....

Scott said...

When I was in J-school back in Minnesota, I interviewed a distinguished attorney who was working at that time as a public defender in the federal courts. By way of describing the incredible pressures of his position, he said that one sign of prosecutor burnout was when they acted as if they didn't understand why the people they were prosecuting weren't just rolling over and pleading guilty.

I wonder if there is a comparison to be drawn here.

(He also said that a burned-out public defender was one who stopped caring. As for him, he still cares. In his retirement he's doing pro-bono work for a social service agency in a poorer part of the state.)

StephenH said...

I think that this a great sign. I beleive that the RIAA needs to understand:

1) Not Everyone will fall for their "Settlement Support Center" extortion trap!

2) The RIAA cannot get money from defendants for no work, especially defendants in which have a potential of not being liable at all.

3) This reduces the potential of getting a profit from a persisitent defendant, because if a case goes to hearing or trial, it will require forensics, and could even set a precedent if ruled not guilty. It is odvious that in the BMG Canada case that Spy Bots do not prove the individual sharing music. An RIAA expert admitted the same thing in deposition.