Saturday, October 20, 2007

Santangelo Lawyer Accuses RIAA Lawyer of Misstatement

In Elektra v. Santangelo II, the defendants' lawyer has written to the Magistrate Judge claiming that the RIAA lawyer made a misstatement to the Court.

October 19, 2007, Letter of Jordan D. Glass to Hon. Mark D. Fox*

* Document published online at Internet Law & Regulation



Keywords: digital copyright online 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





6 comments:

Jonathan said...

I am constantly amazed at how (I believe) unethically everyone associated with the RIAA behaves, and this includes (or perhaps especially applies to) their legal counsel.

It seems like every time I read a filing or statement in an RIAA court case, it includes known counterfactual and misleading rhetoric.

Jonathan said...

Referring, specifically, to filings by RIAA representatives.

mickey said...

Question for Ray. As a practical matter, how likely is it that the attorneys will be sanctioned for this? It's obviously unethical, etc., but in your experience, how often does such behavior actually trigger a sanction. (or even a charge of contempt). My personal guess, IANAL, is that they'll get a slap on the hand, if that.

Ray Beckerman said...

comment rejected... policy #10...

Ray Beckerman said...

jonathan, i have the same feeling about the level of professionalism exhibited ... i should say not exhibited... by the riaa's lawyers... i have seen numerous instances of misleading or outright false statements...

the most interesting now is their signing off on documents which say they "detected an individual" when their own witnesses have conceded that they did NOT detect an individual....

if i were a judge i would come down hard on them...

judge west in capitol v. foster, and magistrate judge ashmanskas in atlantic v andersen have upbraided them, and i think you will be seeing more of that....

Ray Beckerman said...

mickey, i'm not able to predict that... it depends on so many factors... suffice it to say i have seen many acts by the riaa lawyers which i, were i a judge, would sanction....