Rich Fiscus
13 Oct 2009 4:40
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.