tag:blogger.com,1999:blog-15479871.post3466975381295233654..comments2024-02-29T03:26:17.906-05:00Comments on Recording Industry vs The People: RIAA Backs Down After Receiving Letter from Defendant's Lawyer Threatening Malicious Prosecution; Voluntarily Dismisses Caseraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger53125tag:blogger.com,1999:blog-15479871.post-71758340204531944422007-04-10T13:12:00.000-04:002007-04-10T13:12:00.000-04:00" We don't know how it will all play out."but we k..."<I> We don't know how it will all play out.</I>"<BR/><BR/>but we know now, how it might continue... <BR/><BR/><A HREF="http://recordingindustryvspeople.blogspot.com/2007/04/sony-v-merchant-round-2.html" REL="nofollow">SONY v. Merchant -- Round 2</A>Alter_Fritzhttps://www.blogger.com/profile/10861406779872744163noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-23475306541125056052007-04-06T18:50:00.000-04:002007-04-06T18:50:00.000-04:00We don't know how it will all play out.We don't know how it will all play out.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-46197354916662689092007-03-30T15:58:00.000-04:002007-03-30T15:58:00.000-04:00And is the RIAA suing people in the UK? If not, y...And is the RIAA suing people in the UK? If not, your post probably explains why. ;)Unknownhttps://www.blogger.com/profile/15768292598745658883noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-15358706786775132852007-03-30T06:24:00.000-04:002007-03-30T06:24:00.000-04:00Can someone explain to me why the defendant's cost...Can someone explain to me why the defendant's costs won't be met, seeing as this was a baseless, malicious lawsuit?<BR/><BR/>AFAIAA, in the UK all costs must be paid by the plaintiff in this type of case, even if the case is withdrawn rather than being dismissed...Matt Lodderhttps://www.blogger.com/profile/11496867958795485619noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-90131399157107283802007-03-30T04:14:00.000-04:002007-03-30T04:14:00.000-04:00Ahhhh. Admire the work of a true craftsman.Ahhhh. Admire the work of a true craftsman.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-78732863455575814112007-03-29T21:22:00.000-04:002007-03-29T21:22:00.000-04:00Am I the only one who thinks that this letter is g...Am I the only one who thinks that this letter is great advertising for the Ledford Law Office (at least for Californians)?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-711880065143524852007-03-29T16:20:00.000-04:002007-03-29T16:20:00.000-04:00The link is fine, Michael. Thanks.The link is fine, Michael. Thanks.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-29926715566330720312007-03-29T14:59:00.000-04:002007-03-29T14:59:00.000-04:00I would be happy to send it to Mr. Beckerman in wh...I would be happy to send it to Mr. Beckerman in whatever format he wishes. He can either leave a reply for me here or on my site or email me through the link there.Unknownhttps://www.blogger.com/profile/00874624401977133740noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-40464763651304561202007-03-29T06:50:00.000-04:002007-03-29T06:50:00.000-04:00Michael, your example with pictures is GREAT!Take ...Michael, your example with pictures is GREAT!<BR/><BR/>Take a screenshot, create a pdf -so that RIAA can not balk later that it isn't raw data like they understand it ;-) - and mail it to Mr. B. document recieve mailaddress.<BR/><BR/>This example is very easy to understand even for the most technology illiterate judge. 2 pictures debunk the RIAA experts!Alter_Fritzhttps://www.blogger.com/profile/10861406779872744163noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-32403366370421820332007-03-29T06:16:00.000-04:002007-03-29T06:16:00.000-04:00anonymous wrote: Transcripts from a deposition ca...anonymous wrote: <I> Transcripts from a deposition can usually only be purchased from a court reporter, and can cost up to $2/page"</I><BR/><BR/>Of course we all know that court reporters are not such bastards like the RIAA members are, and their work is actually beneficial for society and valueable so they should be compensated for their important work, and we don't want the "court reporter association of america" start a war on society.<BR/>But how about if society can get an mp3 of it for free??! <BR/>And how about if the court reporter's sponsor some selected written transcripts for us; <I>"this excelent piece of RIAA nonsense was brought to you by xyz reporters. - - xyz reporters -objective transcribing for a fair price, call now friendly operaters stand by to transcribe all your needs</I><BR/><BR/>Serious!!<BR/>The job of a court reporter is important, providing mp3s with adds at the beginning of the recording and at the end, maybe even in between the recording when the parties go off record, and having those files CC-BY-NC licensed well tagged with casenames reporter names and contact info in p2p networks flowting could bring those profession a better awareness in society. <BR/>Courtreporters, if you people have a union or such, bring this to their attention as a marketing idea!<BR/><BR/>Take for example the mp3s of the DeCSS case deposition of Mr. Goldstein back in 2000*<BR/>Soundquality there isn't very good, but with 2007 hi-tech courtreporter equippment... mp3's could be a great public awareness tool for your valuable profession!<BR/><BR/><BR/>* http://www.2600.com/dvd/docs/Alter_Fritzhttps://www.blogger.com/profile/10861406779872744163noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-74538400829481787402007-03-29T04:33:00.000-04:002007-03-29T04:33:00.000-04:00On the topic of UMG v. Lindor, I did some technica...On the topic of UMG v. Lindor, I did some technical dissection of the expert witness testimony. Before I post the link, I'd like to say I don't mean this as an advertisement for my own blog in any way. I just don't believe I can fit the information in a comment here. Ray, please feel free to delete this if it violates your policy, but please do take a peek. It may be useful in a future case, if not this specific one.<BR/><BR/>The summary is that I can show that it is perfectly reasonable to have a machine behind a router (wired or wireless) that has a public IP address and that anyone can make a very simple mistake to achieve that end.<BR/><BR/>Without further ado <A HREF="http://www.specificimpulse.net/2007/03/riaa_experts.html" REL="nofollow">here it is.</A>Unknownhttps://www.blogger.com/profile/00874624401977133740noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-34382758031414240442007-03-29T00:58:00.000-04:002007-03-29T00:58:00.000-04:00should we really be pointing out weaknesses in the...should we really be pointing out weaknesses in the case? you're doing the RIAA's lawyers' work for them!<BR/><BR/>seriously, they backed down for now...let's hope they learn a lesson.BordRiderhttps://www.blogger.com/profile/11872674930144229880noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-51192470468666496132007-03-29T00:33:00.000-04:002007-03-29T00:33:00.000-04:00Transcripts from a deposition can usually only be ...Transcripts from a deposition can usually only be purchased from a court reporter, and can cost up to $2/page. They usually run several hundred pages. You're paying the court reporter's salary for making the transcript in the first page. Other types of transcripts are much cheaper though, so it dependsAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-35258057388634914942007-03-29T00:27:00.000-04:002007-03-29T00:27:00.000-04:00The question you should be asking is how much just...The question you should be asking is how much justice would the Merchants have gotten out of settling? How are you going to define "justice" when so many people don't even have the option of consulting a lawyer when being sued by the RIAA?<BR/><BR/>I think a lot of you are percieving this dismissal in a mislead light. While it <I>is</I> important that the defendant be financially compensated, there is a clear message being sent in this post, and the issue of reimbursement has not yet recieved coverage.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-14723574519867432382007-03-28T17:30:00.001-04:002007-03-28T17:30:00.001-04:00It sounds like there are two types of "dismissal" ...It sounds like there are two types of "dismissal" and I'm not talking about the with/without prejudice stipulation. This voluntary dismissal that the RIAA just made for the Merchants is somehow different from the voluntary motion to dismiss that they made in Capitol v. Foster?<BR/><BR/>Did Mr. Ledford make a tactical/procedural error here as far as the Merchants and their potential recovery of litigation fees and costs are concerned?<BR/><BR/>Could the defense have filed some other type of motion that would have resulted in a motion to dismiss with prejudice and made them the prevailing party eligible for copyright act fees and costs?<BR/><BR/>I still don't see how this resolution will change the RIAA's strategy. If anything, it is a concrete example their settlement center can use to further intimidate people into settling. RIAA says, "You can pay our settlement fee, or pay 2x in attorney fees and we'll dismiss our case but reserve the right to bring it again at a later time."<BR/><BR/>Where and how do the Merchants get justice?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-39940543880111783662007-03-28T17:30:00.000-04:002007-03-28T17:30:00.000-04:00Transcripts cost money.How much,Ray, as a ball par...Transcripts cost money.<BR/><BR/>How much,Ray, as a ball park estimate?<BR/><BR/>DaveJadeichttps://www.blogger.com/profile/02621372649607340215noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-29457999460619338972007-03-28T16:54:00.000-04:002007-03-28T16:54:00.000-04:00While this is a nice letter, much of it is standar...While this is a nice letter, much of it is standard "smokescreen". I thought the fact that the lawyer put the sob story about the clients in the first paragraph was to cover some inadequacies.<BR/><BR/>The core argument about how solid the evidence is based on the current procedures does not currently meet the level he describes as "malicious prosecution" under California law.<BR/><BR/>The lawyer was successful in convincing that he would make every step difficult for the RIAA. Come on, demanding that you "send a plane".<BR/><BR/>A small problem is that the lawyer is not being "collegial" despite his last paragraph attempt to be a little nicer. If and when the lawyers square off against each other again (if ever) such tactics sometimes can be counterproductive.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-70710576987099746982007-03-28T16:20:00.000-04:002007-03-28T16:20:00.000-04:00there was no settlement... it was just a voluntary...there was no settlement... it was just a voluntary dismissal...raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-84544849807020013192007-03-28T14:05:00.000-04:002007-03-28T14:05:00.000-04:00I'm not quite sure what the confusion is here. Th...I'm not quite sure what the confusion is here. The linked document is just a copy of the document submitted to the court oficially dismissing the case. This by no means says that the rest of the requirements have not been met. It's just proof that the voluntary dismissal was submitted.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-37289833023124734922007-03-28T13:57:00.000-04:002007-03-28T13:57:00.000-04:00Randy, that is what the RIAA and its clients usual...Randy, that is what the RIAA and its clients usually count on: That the defendant will pay what he is asked for, because hiring a lawyer and taking the case to a court would be more expensive than to settle.<BR/><BR/>Maybe it's just me, but this seems to be the trend. That way the plaintiffs can boast about more and more convictions and continue following the "the others turned in, you might be next" route.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-56188740896446876142007-03-28T13:03:00.000-04:002007-03-28T13:03:00.000-04:00Regardless if the lawfirm representing the RIAA to...Regardless if the lawfirm representing the RIAA took the offer or withdrew the case and the Merchants are stuck with a 7K bill. The fact of the matter here, is the lawfirm backed down. Mr. Ledford's intent was to give them options and they took door number #2, withdraw. I praise the Merchants for fighting and incurring the the 7K bill to stand up and slap the RIAA around a a little. This may not be a watershed event, but it does send a message to the RIAA, that their strong arm tactics are not working and as more and more people fight back, their suets will be dismissed and thrown out.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-20797440811151066452007-03-28T12:15:00.000-04:002007-03-28T12:15:00.000-04:00Haha, keep fighting the bully!!!Haha, keep fighting the bully!!!Legit Freebies Guyhttps://www.blogger.com/profile/00326581293343328574noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-30745137003231725822007-03-28T11:42:00.000-04:002007-03-28T11:42:00.000-04:00(Anon at 11:23am: RIAA is not paying $7K legal cos...(Anon at 11:23am: RIAA is not paying $7K legal costs. They did not take the offer in the letter. They withdrew the claim rather than accepting the offer, which seems to be their right as a defence hadn't been filed with the court. Read the damn thing and know what you are talking about, person.)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-67577557745493207932007-03-28T11:29:00.000-04:002007-03-28T11:29:00.000-04:00I think (and someone will correct me if I'm wrong)...I think (and someone will correct me if I'm wrong), but the Merchants can still proceed with a few of their harassment claims for at least their legal costs. However with the case dropped most folks will write it off. The whole point of he settlement offer is that it is cheaper to pay them $3,750 than to even get some preliminary filings done, thus the extortion charges. However for some people it's worth 3k, 10k 50k etc to not have to claim they did something that they did not. Strangely pride and honor and ones word do still mean something in this day and age.Ryanhttps://www.blogger.com/profile/01015776048708755293noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-75943131354769441502007-03-28T11:25:00.000-04:002007-03-28T11:25:00.000-04:00The very best part of the whole letter was where i...The very best part of the whole letter was where it said that it isn't the defendant's job to speculate for the plaintiffs just who the actual infringer might be. That's where the RIAA has really gone over the line of justice. Their attitude from the beginning has been, "We don't know who actually did it, but we can squeeze you enough to make you tell us everything we should have known from the beginning." Someone finally stood up and just said NO! And said it in a way even the judge can understand exactly what's going on here.AMD FanBoihttps://www.blogger.com/profile/11864029976202105778noreply@blogger.com