Sunday, April 06, 2008

European courts have less tolerance for bullying record industry lawyers, it appears

It appears that European courts are less tolerant of bullying record industry lawyers than in the United States. In fact it appears that they sanctioned a lawyer for imitating her American, RIAA, counterparts, according to this report from

Anti-P2P lawyer barred

p2pnet news | Freedom:- Elizabeth Martin, a lawyer hired by Swiss anti-piracy outfit Logistep, has been banned by the Paris Bar Council for six months for mailing “hundreds of thousands of threatening letters demanding that alleged file-sharers pay 400 euros (about $630)”.

She’s also barred from the National Council of the Bars (CNB) and other such professional associations for 10 years

“In her letters she warned alleged file-sharers that should it be necessary to take anyone to court, the costs would be substantial,” says TorrentFreak, going on:

“File-sharers were also led to believe that should they be found guilty, they would not only be responsible for their own costs, but those of the other side.”

Her wording is, “very similar to other letters received all across Europe, including those received from UK lawyers Davenport Lyons, who are also working with Logistep in exactly the same manner,” says the story.

“Their version is, ‘In the event that you were not able to pay whatever sums the court may direct, our client would have no option but to take steps to enforce the debt against your property’.”

A Conseil de l’Ordre du Barreau de Paris disciplinary investigation ruled, “By choosing to reproduce aggressive foreign methods, intended to force payments, the interested party also violated [the code] which specifies that the lawyer cannot unfairly represent a situation or seriousness of threat,” ......(emphasis added)
Complete article

[Ed. note. I can only hope that the Courts in the United States will follow suit, and take note of the incivility of the schoolyard bullies with whom we are dealing. -R.B.]

Keywords: digital copyright law online internet 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 intellectual property

1 comment:

Anonymous said...

The question, as I see it, is how did she get those hundreds of thousands of names and addresses in the first place?