tag:blogger.com,1999:blog-15479871.post8555433126591377562..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: Model Letter for Lawyers Representing Defendants in RIAA Casesraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger25125tag:blogger.com,1999:blog-15479871.post-66834683386763001632007-04-02T07:11:00.000-04:002007-04-02T07:11:00.000-04:00Best. Lawyer. EVER. I am in awe here.Best. Lawyer. EVER. I am in awe here.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-247938115196117872007-04-01T07:39:00.000-04:002007-04-01T07:39:00.000-04:00Drat! There goes my excuse for not liking lawers/...Drat! There goes my excuse for not liking lawers/solicitors. As a Brit it does my heart good to see the worm eventually turn and bite that industries grubby grasping hand. We pay an extortionate price for goods from the music/film industry which goes some way to explain why they get ripped-off. Not an excuse, I hasten to add, but a reason why it goes on. If they lowered prices across the board and created a level playing f ield they could make a killing in more ways than one. Piracy exists for one reason - because money can be made. Kill off that golden goose, sit back and watch the money roll in. After all, if they can squeeze legit businesses into extinction competition by competitive pricing... <BR/><BR/>Just my few pennies worth.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-75160932852207659002007-03-29T16:56:00.000-04:002007-03-29T16:56:00.000-04:00That letter is a thing of beauty.I had never imagi...That letter is a thing of beauty.<BR/><BR/>I had never imagined that having a lawyer "send a letter" could be not only effective, but have such a gratifying effect, knowing that the opposing council reading it must feel like they bit into a quince.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-40490417137668958632007-03-29T15:08:00.000-04:002007-03-29T15:08:00.000-04:00Ray:Do most other states beside Pennsylvania have ...Ray:<BR/>Do most other states beside Pennsylvania have things like the Dragonetti Act that allow defense attorneys to bring suit based on frivolous actions or non-meritorious claims?<BR/><BR/>I LOVED that letter by the way.<BR/><BR/>I always say the best defense is a great offense.<BR/><BR/>~CodeCodeWarriorhttps://www.blogger.com/profile/14267442366522600526noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-23587270594817526472007-03-29T13:01:00.000-04:002007-03-29T13:01:00.000-04:00"Mr. Merchant has and had no more duty to respond ..."Mr. Merchant has and had no more duty to respond to attempts to "sell" him one of your clients' boilerplate, non-negotiable $3750 settlements than he has to return cold calls from pushy life insurance salespeople."<BR/><BR/>I had seen this idea on a few other sites around the web and I agree with the Groklawyer: this makes me all happy and fuzzy inside to see a lawyer actually using that. Methinks Merl Ledford III, Esq. is going to snag a looooooot of clients thanks to this. ^_^Unknownhttps://www.blogger.com/profile/13883981070942418507noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-7486565537297860262007-03-28T10:40:00.000-04:002007-03-28T10:40:00.000-04:00Effectively this case is over, as it is very unlik...Effectively this case is over, as it is very unlikely that the RIAA or its clients will follow up on it. They severely fear a defeat in a court against a lawyer that got things as right as Mr. Ledford has, because it would set a manifested precedence for other cases to follow.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-66800186156402992082007-03-28T06:36:00.000-04:002007-03-28T06:36:00.000-04:00That's a dismissal without prejudice; wasn't the o...That's a dismissal without prejudice; wasn't the original asking for a dismissal with prejudice? So, this case may not be over yet...Eekhttps://www.blogger.com/profile/15444063460290458841noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-36693893868006441312007-03-28T06:35:00.000-04:002007-03-28T06:35:00.000-04:00Well, as one of the Groklawyers who made some effo...Well, as one of the Groklawyers who made some effort to give you some feeback re Lindor vs RIAA,<BR/>http://www.groklaw.net/article.php?story=20061229171726760<BR/>with an off-the-cuff comment on the Law of Evidence, I have to say I'm pleased to see that the Law of Evidence has shown up in this letter:<BR/><BR/>"The Evidence Code sections are quite clear: settlement negotiations of all kinds may not be used to prove the validity of any claim or defense. Mr. Merchant has and had no more duty to respond to attempts to "sell" him one of your clients' boilerplate, non-negotiable $3750 settlements than he has to return cold calls from pushy life insurance salespeople. If your client (and your law firm?) are seeking probable cause shelter in a settlement negotiations house of straw (as suggested by your March 23 letter), all of you should consider the prevailing winds of the Evidence Code before making yourselves too comfortable. Straw will burn."<BR/><BR/>It gratifies this non-lawyer that other people are thinking the same way.<BR/><BR/>Perhaps Merl Ledford III, Esq., should have considered the standard RIAA "evidence" also constitutes contempt of court?<BR/>http://www.google.com/search?q=define%3A+%22contempt+of+court%22&ie=UTF-8&oe=UTF-8<BR/><BR/>And this is music to my ears:<BR/><BR/>"In an age of Wintel-virus created bot-farms, spoofs, and easily cracked WEP encrypted wireless home networks (among other easy hacks), the only tech-savvy response to such a request is, "You've got to be kidding." The extensive press that has been generated over computer security (and the insecurity of Windows XP and its predecessors) underscores the complete absence of facts on which probable cause to sue my clients could be established and your clients' willingness (even insistence) that others be implicated in Big Music's speculative, "driftnet" litigation tactics."<BR/><BR/>Well done!<BR/><BR/>Wesley ParishAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-88301367157505187082007-03-28T03:50:00.000-04:002007-03-28T03:50:00.000-04:00Of all the RIAA cases and letters and what not I h...Of all the RIAA cases and letters and what not I have come across, this is the LETTER. I think should be archived for any lawyer to reference in any future RIAA cases. Indeed it is a Model letter.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-12066047524134380672007-03-28T03:25:00.000-04:002007-03-28T03:25:00.000-04:00What a great letter! Way to go Counselor! It's ab...What a great letter! Way to go Counselor! It's about time someone effectively stands up against the RIAA. Good for the Merchants for finding such a great lawyer as well...I hope they get their money from the RIAA.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-62824255774943407582007-03-28T03:23:00.000-04:002007-03-28T03:23:00.000-04:00Dear Mr. Beckerman,thank you for posting this wond...Dear Mr. Beckerman,<BR/><BR/>thank you for posting this wonderful letter. It will certanly be of help to me as an attorney here in Croatia, since our local version of RIAA (called ZAMP) is earning it's nickname of 'Music Mafia' every day.<BR/><BR/>Thank you again.<BR/><BR/>Best regards,<BR/><BR/>Konstantin Dika, attoreny<BR/>Zagreb, CroatiaAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-33562826481470114742007-03-28T02:41:00.000-04:002007-03-28T02:41:00.000-04:00@John Hardin that million-dollar hard drive is the...@John Hardin <BR/>that million-dollar hard drive is the "worth" of the equipment as it relates to the case. it's in the interest of the defendand to preserve it should he file a countersuit.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-78808379919268192112007-03-28T00:46:00.000-04:002007-03-28T00:46:00.000-04:00... he is doing everything in his power to preserv...<I>... he is doing everything in his power to preserve and protect his evidence. In our part of the world, that is a mid-six to low seven figure piece of computer gear.</I><BR/><BR/>Holy cow! Mr. Merchant has a million-dollar peecee?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-69283594057693265772007-03-28T00:23:00.000-04:002007-03-28T00:23:00.000-04:00That was a leather-belt, red-headed butt spanking....That was a leather-belt, red-headed butt spanking. Who yo daddy <B>now</B>?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-48389444151691608282007-03-28T00:22:00.000-04:002007-03-28T00:22:00.000-04:00My pleasure. I had a hunch folks would enjoy it. (...My pleasure. I had a hunch folks would enjoy it. (Except the RIAA of course, but they're not exactly folks.)raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-28184703434460776592007-03-27T23:44:00.000-04:002007-03-27T23:44:00.000-04:00*snicker**snicker*Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-588929487241265192007-03-27T22:41:00.000-04:002007-03-27T22:41:00.000-04:00One of the better examples of a work of English I'...One of the better examples of a work of English I've even seen, and I'm an aficionado of terse letters.<BR/><BR/>Thank you for posting.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-32610224449310578762007-03-27T18:01:00.000-04:002007-03-27T18:01:00.000-04:00well, defib, there won't be much to follow....but ...well, defib, there won't be much to follow....<BR/><BR/>but you've got to admit, it's a good one....raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-29095690133712053002007-03-27T17:39:00.000-04:002007-03-27T17:39:00.000-04:00they folded on the 27th....they folded on the 27th....raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-58215666407590652592007-03-27T17:35:00.000-04:002007-03-27T17:35:00.000-04:00That was really good. I love the part about "sendi...That was really good. <BR/><BR/>I love the part about "sending the plane" to pick up their experts. <BR/><BR/>We all knew this was going to happen eventually. The RIAA pushed the odds and snapped at someone with the resources to have a team of legal pit bulls on retainer. <BR/><BR/>I love it! Merl Ledford is one of my new heroes. <BR/><BR/>Even money says the RIAA folds on the 30th.Uplinktruckhttps://www.blogger.com/profile/12393615418065810508noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-27711933094458261652007-03-27T16:46:00.000-04:002007-03-27T16:46:00.000-04:00Thanks for your kind words, Jerry. Make sure the g...Thanks for your kind words, Jerry. <BR/><BR/>Make sure the good folks at Cal Poly see my "Open Letter to Universities". <BR/><BR/>I want to see the colleges and universities start protecting the students' due process rights.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-64378858658995298912007-03-27T16:38:00.000-04:002007-03-27T16:38:00.000-04:00Thank you, Ray—for this blog and for posting that ...Thank you, Ray—for this blog and for posting that terrific letter! I found your blog by way of a brief mention in the Chronicle of Higher Education and haven't stopped reading your posts since.<BR/><BR/>Jerry Kirkpatrick<BR/>Business Prof., Cal Poly, PomonaJerry Kirkpatrickhttps://www.blogger.com/profile/15361738222191730052noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-11276921025012140442007-03-27T16:09:00.000-04:002007-03-27T16:09:00.000-04:00Yes I have asked Mr. Ledford to send me significan...Yes I have asked Mr. Ledford to send me significant *pdf's. But anyone can open a PACER account and get me the documents as well. <BR/><BR/>It's in the Eastern District of California, Sacramento Branch, and the file number is 2:07-CV-00340.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-88126490103867650982007-03-27T16:00:00.000-04:002007-03-27T16:00:00.000-04:00That's an impressive letter. Can we follow the dev...That's an impressive letter. Can we follow the developments in this case?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-91465034519852991352007-03-27T15:06:00.000-04:002007-03-27T15:06:00.000-04:00as a german teenager would say (I guess they say s...as a german teenager would say (I guess they say such things nowadays): <I>Ganz großes Kino!</I><BR/><BR/>"...a carbon copy of the drive has been made by technicians to insure that the evidence is well backed-up." he is really talking about paper printouts?! :-D<BR/><BR/><BR/>Also while this mail is widely written in <I>lawyer</I>, I do understand one argument very well and I thing its logic is great to be used in further cases by other lawyers: <BR/>MediaSentry are no experts (which RIAA-Richard also keeps insisting on, so that shouldn't be a question in cases that might come up new in the near future!), RIAA's designated expert "Trial-Virgin"-Doogie Jacobson is just a big laugh good enough for schoolboards and pornos but not for a court of law, so if a RIAA lawyer don't do good faith independent factual investigation the lawyer themself might get personly confronted with malicious prosecution liability.<BR/><BR/>This legalese part of the mail sounds really, really interesting...Alter_Fritzhttps://www.blogger.com/profile/10861406779872744163noreply@blogger.com