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Judge shoots down RIAA request to sanction New York lawyer

13 October 2009 4:40 by Rich "vurbal" Fiscus | 1 comment

A Federal judge reviewing the RIAA complaint against New York defense attorney Ray Beckerman is recommending the request for sanctions be denied. RIAA lawyers accused Beckerman of "vexatious conduct," claiming he was hindering the discovery process in order to conceal evidence.

The complaint, filed in the case of UMG v Lindor, claimed "Defendant, her family, and her counsel intentionally provided false information, attempted to misdirect Plaintiffs as to relevant facts and events, and concealed critical information and evidence regarding the infringement at issue, all of which severely prejudiced Plaintiffs."

US Magistrate Judge Robert Levy noted in his recommendation that RIAA claims primarily revolved around the actions and testimony of third parties, and that the defendant (Marie Lindor) couldn't be held responsible for them.

He said of the defendant, "this court is loath to sanction a person who, by all accounts, has never used a computer and is not accused of downloading or distributing plaintiffs� copyrighted recordings herself."

Although he criticized Beckerman, saying he "took an unusually aggressive stance and, at times, veered into hyperbole and gratuitous attacks on the recording industry as a whole," he didn't find evidence of intentionally impeding Plaintiff's discovery.

Judge Levy did side with RIAA lawyers on the issue of dismissing their case without prejudice. If the suit is dismissed with prejudice, as Beckerman has requested, the RIAA wouldn't be able to re-file and pursue the case later.

RIAA lawyers have indicated they don't intend to retry the case, but wish to keep the possibility available.

Permalink to this article | Topic: Lawsuits & Legislation

RIAA to sue Ray Beckerman (18 September 2008)

Universal lawyers call MediaSentry investigators, not experts (9 July 2008)

Ray Beckerman denies Impeding Universal Music investigation (5 July 2008)

RIAA prepares to drop long running P2P suit for a lack of evidence (20 June 2008)

RIAA sues woman that has no computer (5 February 2006)

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beanos66 (Junior Member) 13 October 2009 11:49
*Quote:* "took an unusually aggressive stance and, at times, veered into hyperbole and gratuitous attacks on the recording industry as a whole," Only RIAA are allowed to use hyperbole quote wikipaedia "is a figure of speech in which statements are exaggerated. It may be used to evoke strong feelings or to create a strong impression, but is not meant to be taken literally." ...ohh! ...not "literally", RIAA expect you to believe their exagerations, I get it now :D [ + quote]