RIAA Pulls Case Before It Can Be Dismissed, Then Refiles Days Later To Get Different Judge
If you were still somehow unconvinced that the RIAA’s legal strategy is “be sleazy, intimidate, then profit,” their latest legal maneuvering might finally convince you. Next week, a judge was to decide whether their case against a New York family should be thrown out—the family’s lawyer, RIAA critic Ray Beckerman, argued “that if the RIAA can’t prove anybody downloaded the music from an open share folder, then the case would have to be dismissed.”
Earlier this month the RIAA voluntarily dismissed the case—then refiled it last week but didn’t mention it was the same lawsuit, which means it was assigned to a different judge. Now the RIAA is demanding immediate discovery (which includes depositions and hard drives), which the previous judge had blocked pending a rule on the dismissal motion. We tip our hats to you, RIAA lawyers. You bring every evil-lawyer cliche from TV to life.
“These people are psychos,” Beckerman said in an interview.
Also, the case was captioned under the name Does, meaning the RIAA was somehow pretending it didn’t know the family’s name allegedly behind the IP address in question.
“This case, it’s the exact same internet access account,” he said. “It’s the very same act of copyright infringement charged. It’s no different.”
The RIAA did not immediately respond for comment.
Beckerman has penned letters to both judges alerting them to the switcheroo.
“They’re trying to force a settlement and frightening people,” Beckerman said in the interview. “That’s the only point of this.”
“Lawyer: RIAA Gets Sleazy in Disputed Downloading Lawsuit” [Wired Threat Level] (Thanks to Chris!)
(Photo: Getty)
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