tag:blogger.com,1999:blog-15479871.post2146207709386641934..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: Tenenbaum & his attorney ordered to pay costs of RIAA's motion to compelraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-15479871.post-43073880645075976002011-06-27T21:19:26.599-04:002011-06-27T21:19:26.599-04:00http://www.slate.com/blogs/search/searchresults.as...http://www.slate.com/blogs/search/searchresults.aspx?u=2151<br /><br />Isn't it a Conflict of Interest that Judge Gertner publishes a blog on the commercial advertising media site SLATE?<br />Owned by the Industry suing the defendant?<br /><br />The Washington Post Company<br /><br />Newspapers<br />Magazines<br />Educational Services<br />Television<br />Cable television<br />Electronic media<br /><br />Houston, Texas KPRC-TV 2 (35) NBC 1994<br />Detroit, Michigan WDIV 4 (45) NBC <br />Miami, Florida WPLG 10 (9) ABC <br />Orlando, Florida WKMG-TV 6 (26) CBS <br />San Antonio, Texas KSAT-TV 12 (48) ABC 1994<br />Jacksonville, Florida WJXT 4 (42) <br />Washington, D.C. WTOP-TV 9 CBS <br />Hartford, Connecticut WFSB 3 CBSAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-13791163024992963772010-03-06T19:41:24.384-05:002010-03-06T19:41:24.384-05:00Nesson was correct. Actions by Tennebaum's at...Nesson was correct. Actions by Tennebaum's attorney are unrelated to the admitted infringements dating to 2004, or whenever exactly it was. The Motion to Compel should have been denied. If Plantiffs wanted discovery on this matter, they could have brought an action against Nesson for copyright infringement. Then, and only then, would the discovery Plantiffs moved to compel be relevant to some action. Gertner erred. She allowed her frustration with Nesson's tactics and procedural lapses to interfere with a proper determination. The order of June 16 bleeds with that frustration. Approval of the subsequent sanctions motion is puzzling in that Gertner failed to realize her initial error regarding the motion to compel having the benefit of the intervening elapsed time.<br /><br />FreddieAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-69167470310786077282010-03-05T22:38:33.249-05:002010-03-05T22:38:33.249-05:00The fact that Nesson was "essentially appoint...The fact that Nesson was "essentially appoint[ed]" in no way relieves him of his ethical duties or obligations to the court, opposing counsel, or to the law. Perhaps a refresher as to why he is liable for costs is in order. Quoting from the court's 6/16/09 Order:<br /><br />"The Court's indulgence is at an end. Too often ... the important issues in this case have been overshadowed by the tactics of defense counsel: taping opposing counsel without permission (and in violation of the law), posting recordings of court communications and emails with potential experts (who have rejected positions counsel asserts) on the internet, and now ... replicating the acts that are the subject of this lawsuit, namely uploading the copyrighted songs that the Defendant is accused of file-sharing."<br /><br />Given the unnecessary delays, extra motion practice, and unnecessary litigation surrounding defense counsel's actions, I find it curious that anyone would describe the award of costs and fees as "strange." Considering he barely opposed the motion to compel, I'd call the result completely reasonable.<br /><br />-JRAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-87233561760818774812010-03-05T19:57:45.336-05:002010-03-05T19:57:45.336-05:00This award doesn't seem unreasonable, even if ...This award doesn't seem unreasonable, even if this case has been somewhat of a travesty of justice.<br /><br />Nesson, as a lawyer, should know the rules, and the consequences of his actions, or lack thereof.<br /><br />I'm not defending the court, but in this case, it seems they got it right.Xetherielhttp://twister.dragon-wing.netnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-84374895974793995762010-03-05T13:18:38.115-05:002010-03-05T13:18:38.115-05:00There are a lot of strange things in this case.
T...There are a lot of strange things in this case.<br /><br />To my mind, it's all a sideshow.<br /><br />I would have stopped covering it, except that in a little poll I conducted among some of my regular commenters, they voted something like 13-1 for me to continue covering it.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-62396702858712612712010-03-05T13:04:27.345-05:002010-03-05T13:04:27.345-05:00OK, so let me get this straight. Judge Gertner es...OK, so let me get this straight. Judge Gertner essentially appoints counsel for Tenenbaum. Some time later, the proceedings progress to the point where the attorney himself is now being help liable for Plaintiff's attorney's fees on a motion. Did I get that right? It all seems so strange to this non-lawyer...<br /><br />- AndrewAnonymousnoreply@blogger.com