Wednesday, September 05, 2007

RIAA Sends Check in Capitol v. Foster But Dispute Erupts Over Form and Amount of Check

In Capitol v. Foster, the RIAA sent a check purporting to satisfy the $68,685.23 attorneys fees judgment that had been entered against it, but failed to follow Ms. Foster's attorneys' payment instructions, and failed to include the interest that had accrued on the judgment.

Ms. Foster's attorneys have moved for an order amending the judgment and the RIAA has moved for an order deeming the judgment to have been satisfied.

[Ed. Note: It is highly unusual for a judgment debtor's attorneys not to follow the judgment creditor's attorney's payment instructions]

Ms. Foster's Motion to Amend Judgment*
RIAA's Motion to Deem Judgment Satisfied*
Exhibit A to RIAA's Motion to Deem Judgment Satisfied (Cover letter + check)*

* Document published online at Internet Law & Regulation

Commentary & discussion:

Ars Technica

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


AMD FanBoi said...

Those [expletive deleteds] try to screw you out of every last penny, and make you keep going back to court time after time for what was due you in the first place.

You know, if everyone turned around and fought them right now, it's a pretty safe bet that they couldn't handle the litigation load.

raybeckerman said...

Thanks for deleting the expletives, AMD. I have to do that with every set of court papers with these people.

Keepn It Real said...
This comment has been removed by the author.
Randy said...

Do you believe that this was intentional, or just incompetence? If it's so rare to follow instructions, I'm guessing that they were being petty?

raybeckerman said...

There is no doubt that it was intentional.

Unknown said...

This period recording industry behavior will be looked back upon as a textbook case of how to ruin a business.
These boneheads have a product that many hundreds of millions of people want and they can't figure out how to profit from that.

Anonymous said...

I stopped buying records (and for the record, I don´t do illegal downloads) because of the RIAA´s behavior. If I want music I try to buy it directly from the artist. Which got me to listen to some very interesting music that is more or less outside the range of the RIAA.

I still don´t quite understand how they think they can stop webcasters from playing music by Indy bands that ok having their music on the web in that form (that is, if I understand what soundexchange is trying to do correctly).