Follow Slashdot stories on Twitter

 



Forgot your password?
typodupeerror
×
The Courts Government News Your Rights Online

RIAA Threatens Harvard Law Prof With Sanctions 333

NewYorkCountryLawyer writes "Unhappy with Harvard Law Professor Charles Nesson's motion to compel the deposition of the RIAA's head 'Enforcer', Matthew J. Oppenheim, in SONY BMG Music v. Tenenbaum, the RIAA threatened the good professor with sanctions (PDF) if he declined to withdraw his motion. Then the next day they filed papers opposing the motion, and indeed asked the Court to award monetary sanctions under Rule 37 of the Federal Rules of Civil Procedure."
This discussion has been archived. No new comments can be posted.

RIAA Threatens Harvard Law Prof With Sanctions

Comments Filter:
  • by HungryHobo ( 1314109 ) on Friday January 23, 2009 @08:28AM (#26572975)

    "Stop this (perfectly legal thing) or our teams of lawyers will fuck up your life" seems to be the new iteration of having thugs beat up a family member or sending pictures of your kids playing outside.
    The intent is merely to scare people.

  • by QuantumG ( 50515 ) * <qg@biodome.org> on Friday January 23, 2009 @08:35AM (#26573027) Homepage Journal

    He's a suit. 'nuff said.

  • by Kupfernigk ( 1190345 ) on Friday January 23, 2009 @08:37AM (#26573057)
    The PDF reminds me of something I have seen before with bad lawyers: the worse the case, the longer and more threatening the language. The RIAA seem to have spotted a new idea: if you want to be e.g. a bank robber or a burglar, become a lawyer. Then when you get caught, you can try to avoid testifying on the grounds of legal privilege.

    On the other hand, when you have a strong case things are different. I'm reminded of a business acquaintance who had a case against a powerful US trade group some years ago. His lawyers said the case was unanswerable, spent a morning summarising it on one side of a letter, and sent it off. The other side promptly settled out of court. The other famous example was the UK satirical magazine Private Eye, which once received a long and very threatening letter from the lawyers of a notorious fraudster. Their reply was something on the lines of "We have had your interesting letter and we have taken legal advice. Our lawyers advise us to tell you to f**k off".

    Given this history, the one liner back (in effect "bring it on") is surely instructive.

  • Uhg (Score:1, Interesting)

    by GF678 ( 1453005 ) on Friday January 23, 2009 @08:42AM (#26573079)

    Sometimes I wonder if the RIAA (and for that matter the MPAA) will ever change.

    Must we wait for the old fogies currently running the joint to die of old age before younger people, who've grown up with modern tech and know how futile the legal threats/proceedings are, finally get in charge?

  • by l2718 ( 514756 ) on Friday January 23, 2009 @08:46AM (#26573111)
    If I sue you, I can't hide my claims against you on the theory that my thoughts about these claims are part of my legal representation. This is the case even if I'm a lawyer. The RIAA is trying to do just that by employing a lawyer intermediary between the RIAA itself and the legal team representing them: First, the RIAA generates "evidence". Then the RIAA gives the evidence to the intermediary lawyer, and also charges him with making all the decisions for the corporation. Finally, the intermediary becomes the "client" for the actual legal team. This way the real client is shielded from discovery: all their contributions to the lawsuit were done through their "client-attorney" relationship with the intermediary. It's a thing of beauty, but I suspect it's not legal.
  • by Bearhouse ( 1034238 ) on Friday January 23, 2009 @08:54AM (#26573169)

    Depends on the court, see:

    http://en.wikipedia.org/wiki/Attorney-client_privilege [wikipedia.org]

    Plus, he can still tesify on actions or decisions he took on behalf of his client, and why, without revealing any conversations and/or communications with the client. After all, he was representing them...

  • Re:Uhg (Score:4, Interesting)

    by butlerdi ( 705651 ) on Friday January 23, 2009 @08:54AM (#26573171)
    Well, the old fogies as you call them are really quite young the biggest of them being Edgar Bronfman, Jr son of a booze smuggler in prohibition. http://en.wikipedia.org/wiki/Edgar_Bronfman,_Jr [wikipedia.org].
  • Re:Uhg (Score:4, Interesting)

    by Anonymous Coward on Friday January 23, 2009 @09:22AM (#26573415)

    It is not because they are clueless. Music business just revolves around seedy people. I know. I am starting up agent myself. I have a history of 15 years of tech development and know my local law quite well. I am sought up by young bands around me because I can tell them gazillion seedy practises of how to actually get a licing out of their music.
    These discussions always take a place in some smoky studio with booze flowing. If my client and moral quibles, he will do by himself. I have one of these. He has honestly tried to break out for 10 years and is a very talented vocalist and guitarist. I can't help him because he finds my methods unsavory.
    I do not collect by success. I have a fixed price which I take from the first album or by selling them to a bigger label. I have very little investement in myself, but they know I can help and are willing to sign my contract because they are only obliged to work with me until they get to bigger stages.

    Anyway. Music is dog-eat-dog on business side. Those who try to make a living out of it, are quite heartless cynic people. But brilliant, talented cynic people.

    Have fun supporting your local artist. Your pennies will never feed him. Do the math and calculate how much an ethical unknown artist would have to sell and tour to make ends meet. Don't forget to calculate expense of light techicians, sound technicians, roudies the bus driver, etc. Those salaries usually go untaxed and the venues pay grey. Try to work in proper taxation, insurances and what the heck not. A gig should cost $100/person and CD another $100 for the poor sods.

    Music is not a business of scarce resources. It is of scarce customers. That's why the biggest front of the business looks so brutal.

  • by u38cg ( 607297 ) <calum@callingthetune.co.uk> on Friday January 23, 2009 @09:24AM (#26573439) Homepage
    Not really. The RIAA is a perfect example of a cartel and what it can do. There's a reason they are usually illegal.
  • What is Rule 37? (Score:2, Interesting)

    by Anonymous Coward on Friday January 23, 2009 @09:35AM (#26573547)

    I'd be thankful if NYCL, or another /. regular legal eagle, would explain Rule 37 in normal English, or if possible in engineering English.

    I tried reading the rule myself, and it was so chock full of legal terms that I fear I summoned a succubus.

  • by plasmacutter ( 901737 ) on Friday January 23, 2009 @10:24AM (#26574051)

    Most people are still not understanding what this means, its implications, and its likelihood for success.

    It's important to translate things out of legalese and analyze it in the context of the proceedings.

    Slashdot is a tech site, not a legal one, so while the general community can see "aha", "touche'", and "gotcha" moments in, say, the realm of computer science or electrical engineering, we don't see it in legal context without some actual analysis. Feel free to qualify things with "this is my opinion" or whatever, but analysis and translation is essential.

  • by Anonymous Coward on Friday January 23, 2009 @10:34AM (#26574165)

    I am a lawyer - and therefore not technically (heh) or morally inclined to post other than anonymously. But what Oppenheimer is doing is using the attorney-client privilege to create a legal "black hole" whereby some substantive operations of the company (the RIAA) that businessmen commonly have control over are instead controlled by the lawyer, creating a situation where documents that would otherwise not be privileged magically are. Most companies would rather pay someone in lower management a lesser salary than the relatively high salary of a lawyer to do everyday tasks, but on a strategic level it sometimes makes sense for a company to pay a relatively astronomical fee to a lawyer for the lawyer to act as an employee in lower or middle management.
    While highly unethical, it's not illegal. Oppenheimer MIGHT be subject to sanctions for doing it, but might not be. Probably depends on the judge and the jurisdiction.

  • the legal system (Score:2, Interesting)

    by castironpigeon ( 1056188 ) on Friday January 23, 2009 @10:38AM (#26574221)
    We've all seen the legal system (in the US and elsewhere) make honest mistakes, but to see a group of people wielding it like a club so consistently is sad. You can't even compare it to something like the Inquisition because at least in that case the people in whose interest it was to see injustice done were doing their own dirty work. The public went along with it too, but set that aside for now. Who is benefitting here? Groups like the RIAA. Who is being used as a weapon? The US court system. Are the courts really so collectively stupid that they can't see that? I would think more court officials would have enough self respect to say, "enough is enough, we're tired of being degraded like this."
  • by Anonymous Coward on Friday January 23, 2009 @11:28AM (#26574831)

    Nesson loves this stuff. He represented Ellsberg (the guy that stole and released the pentagon papers) against the us government. In classes he loves telling stories of how he stood against government intimidation to protect Ellsberg's location (e.g., being followed everywhere, never using phones in his home or office, taking elaborate trips arranged through fantastic means to have in person meetings away from the watching eyes of the us government). The government was breaking law after law to find Ellsberg and put him away, but Nesson managed to hide him long enough to prepare for defense and turned the government's own illegal actions back at them to get the case thrown out.

    This is just the type of action the RIAA can be sure will get Nesson even more excited about this stuff. He'll just wear it a badge of honor.

  • Re:Uhg (Score:4, Interesting)

    by mdarksbane ( 587589 ) on Friday January 23, 2009 @11:39AM (#26574967)

    You can make it, you just might not make it big.

    My dad's been self-employed as a musician for fifteen years now and gets by. It's enough for him to support himself and help support the family. The trick was his business experience and not being too caught up in his art to not find new markets. He does a fair number of kids programs, but also a bunch of festivals, concerts in small venues, and a few big openers. It's about living within your means, selling your name and music at every opportunity, and not spending $50 on gas for a $40 show.

  • Full Story? (Score:3, Interesting)

    by UnknowingFool ( 672806 ) on Friday January 23, 2009 @11:44AM (#26575025)

    What's the full story behind this? I'm only getting the RIAA's story. It appears that Professor Nesson wanted to depose Mr. Oppenheim on January 22. But sometime after January 9, the RIAA objected citing attorney-client privilege, the depositions were to be held in Massachusetts and not Maryland, there was no fee, there was no confer and meet, etc. Then Professor Nesson filed a motion to compel. I didn't read that he answered their objections. The RIAA then filed for monetary sanctions.

    I am not a lawyer but dispositions and motions to compel seem to be fairly commonplace in lawsuits like these. The RIAA seems to have valid points on not allowing Mr. Oppenheim. Filing for monetary sanctions however is really overboard though.

  • by mcgrew ( 92797 ) * on Friday January 23, 2009 @11:55AM (#26575153) Homepage Journal

    So, if he represents the interests of the artists

    He doesn't. Nobody represents the artists, who get screwed over badly. The artist doen't even hold copyright to his own recorded performances, the label does.

    If you want to know just how badly the RIAA labels screw over their artists, read any treatise by any RIAA musician (except Mad Donna or the dufus drummer from Metallica). There are good ones by Courtney Love and Steve Albini that will make you feel REAL sorry for the fools who sign with major labels.

  • by pdabbadabba ( 720526 ) on Friday January 23, 2009 @11:55AM (#26575161) Homepage

    I hate to side with the RIAA but, if the allegations in their motion are true (and you'd think they would be; they are simply claims about the proceedings themselves that the judge can easily verify) then the issue is simply that Nesson has repeatedly failed to follow the court's rules governing discovery. He has not subpoenaed the witness or given notice of taking a deposition before moving to compel it. He has not conferred with the plaintiffs regarding the motion before filing it. He has not filed the required initial disclosures. All of these, under either the Federal Rules of Civil procedure or the local rules of the court are grounds for the dismissal of Nesson's motion and, possibly, monetary sanctions.

    This sounds to me like a solitary instance of the RIAA's being in the right in court. Sorry everyone!

  • Re:Your Honor (Score:5, Interesting)

    by NewYorkCountryLawyer ( 912032 ) * <{ray} {at} {beckermanlegal.com}> on Friday January 23, 2009 @11:59AM (#26575217) Homepage Journal

    Your Honor, we would like you to impose sanction against him. He's not supposed to fight back. Please punish him for fighting back. Our strategy doesn't work when intelligent lawyers fight back. This must be put to an end right now.

    Pathetic RIAA.

    whisper_jeff, you really hit it on the head. I see you've already been modded to +5 Funny. I wish you could be modded to +10 Funny AND Accurate.

  • by tmosley ( 996283 ) on Friday January 23, 2009 @12:07PM (#26575331)
    It's ABSOLUTELY NOT capitalism. The US doesn't have a capitalist system, it has a corporatist system. Corporations are in bed with the politicians, and what they spawn together takes away our freedoms, both personal and economical.

    Another name for such a system is fascism. It's not pretty, as we have seen all too often.
  • by whoever57 ( 658626 ) on Friday January 23, 2009 @12:39PM (#26575883) Journal

    2) Modifying the movie, and the extra's, violates the TOC. Just like any contract, if you do not like it then do not sign for it

    What contract? What TOC? I don't recall signing a contract the last time I bought a movie.

    Modifying a movie is just like buying a book and then writing in the margin, or tearing out pages -- do you think that is illegal too?

  • by The Only Druid ( 587299 ) on Friday January 23, 2009 @01:17PM (#26576703)
    I don't think it's revisionist at all: the reason you couldn't be aware of the law was not just your illiteracy, but the difficulty in distributing the information. Today, it's not a function of literal illiteracy (i.e. inability to read) but rather figurative illiteracy of the law (i.e. inability to digest the readily available legal materials). We can solve that need by (a) educating everyone on all law, (b) continuing to rely upon lawyers, or (c) re-writing the law to be accessible to everyone.

    Everyone (especially on forums like this) likes to jump on option (c), forgetting the basic problem that a system is definitely not automatically bad just because it's complex. Far from it, when you're describing a tremendously detailed world such as our own, it is inevitable that your laws would become complicated and labyrinthine.
  • by bhtooefr ( 649901 ) <bhtooefr@bhtooefr. o r g> on Friday January 23, 2009 @01:23PM (#26576809) Homepage Journal

    http://www.seasteading.org/ [seasteading.org]

    Although there's still some rules in maritime law. But spacesteading isn't practical yet.

  • I bet if RIAA had stuck to suing copyright infringers, none of us would have ever heard of NewYorkCountryLawyer.

    May well be so. I only came into the fight because of my hatred of bullies, and because these bullies were so obviously wrong on the law, wrong on the facts, and immoral and unprofessional in their behavior.

    You might have otherwise heard of my alter ego, Ray what's-his-name, in other contexts, but probably not in this context.

    I only first discovered Slashdot when one of my litigation documents in Elektra v. Santangelo got 'Slashdotted' one day in the Summer of 2005. I traced the backlink to this place I'd never heard of, where an intelligent Talmudic discussion was going on, among a bunch of people who seemed kind of like lawyers, but who clearly were not lawyers, but who seemed smarter than lawyers. It looked like an ordinary message board, but it obviously was a whole 'nother thing.

    Things haven't been quite the same since.

    1. Spend a lot of time on Slashdot.
    2. Get the word out.
    3. Have a lot of fun.
    4. ???
    5. No profit whatsoever (in the financial sense).

  • Re:Your Honor (Score:3, Interesting)

    by NewYorkCountryLawyer ( 912032 ) * <{ray} {at} {beckermanlegal.com}> on Friday January 23, 2009 @03:08PM (#26578777) Homepage Journal

    I would think this strategy runs the risk of insulting the judge.

    You mean going to an appeals court and telling them that she is acting totally outside the jurisdiction of a federal judge and flagrantly violating the law?

  • by Sloppy ( 14984 ) on Friday January 23, 2009 @05:02PM (#26580731) Homepage Journal

    You are able to BUY a movie? How much do you pay for said movie? Even if you go to your local store and grab a DVD off the shelf you are still not the OWNER of the property.

    The transaction was identical to buying a book or buying a sixpack of beer. (Wait, scratch that: unlike movies, I have to show my id to buy beer.) Do you think books and beer aren't purchased either?

    Furthermore, it's not even like shrinkwrap software, where after you think you bought it, you are then presented with a license that claims you didn't, after you open it up or when you install it. So it can't even be compared to that can of worms.

    Don't believe the previous paragraph? Think I'm full of shit? Ok. Look at your CDs and DVDs: do you see a license? Can you perhaps quote one of the terms from any of these secret licenses that aren't even included inside the packaging? You said "You are LICENSED to use it within certain limitations" so perhaps you could explain what those limitations might be. Do you even know what the license says? Are you claiming that a person can be bound to a contract that they not only never signed, but has never even been shown to them even after they have signed? We're way beyond shrinkwrap EULAs and into Catch-22 territory here.

    Can you explain the "own it now on DVD" ads? "Own" is their word, not mine. How about the "On sale, January 23" ads? "Sale" is their word, not mine. (Do you think I'm making this up?)

    To recap: music and movie disks are advertised as purchases instead of licenses, they are transactionally treated just like purchases rather than licenses, and even after the purchase (which it should be too late to change the rules anyway), no license is presented and no claims are made by the publisher that it wasn't a purchase.

    Dude, are you sure you have thought about this? Were you paying attention to what actually happened, the last time you handed your cash over in exchange for a shiny disk? It was all right there for you to see (or not see, in the case of the license itself).

  • by Sloppy ( 14984 ) on Friday January 23, 2009 @05:06PM (#26580791) Homepage Journal

    What contract? What TOC? I don't recall signing a contract the last time I bought a movie.

    It gets worse: Do you even recall seeing one? Do you remember thinking you had bought it, opening the box, and finding a page of legalese making the preposterous claim that you hadn't really bought it, but that they would graciously grant you permission to watch the movie provided that you agree to the following conditions? I don't.

  • We, generally speaking, are only smarter than your average lawyer as pertains to computers, the internet, technology, or other generally geeky/nerdy topic. I'm sure your average lawyer would thoroughly trounce us on other less geek-centric topics.

    Well, we're going off topic here, but I will tell you that in my experience:
    -in the world of science and math one will occasionally come upon a genius
    -in the legal world, in 34 years of encountering thousands of lawyers, I have met many reasonably intelligent people, but only 1 genius.

  • by ScrewMaster ( 602015 ) * on Friday January 23, 2009 @11:26PM (#26585007)

    The fact is the RIAA may be a bunch of cruel bastards, but at the end of the day they are just protecting their copyright.

    Shows how little you know. The RIAA doesn't hold copyright: the media companies that fund the RIAA's activities do. And they're the ones who are morally (if not legally) responsible for the RIAA's reprehensible tactics. The Recording Industry Association of America is a group of hired guns, no more. Don't try to make them into some kind of unsung heroes ... because they're not.

    Seriously, why don't you study this issue for a while, examine some of what the RIAA has done to "protect the bloody artists", check out the damage done to our legal system. Then come back and tell me that they're "just protecting their copyright." The reality is very different: they're screwing us ALL over, bigtime, in order to protect their masters revenue streams. And they're doing it by any means necessary, legal or otherwise.

    Honestly, if you're a troll you're a fairly subtle one. Look, if the RIAA had stuck to suing people that had provably committed copyright infringement, using accepted and legal methods of investigation and had only asked for reasonable damages, nobody here would bother discussing the matter. Ray Beckerman would likely be spending his time on more productive work, not defending people who cannot be shown to have committed infringement yet are being destroyed anyway. But, that's not what the RIAA is all about, their activities are not legitimate, and that's a fact.

    Really, clue up.

Get hold of portable property. -- Charles Dickens, "Great Expectations"

Working...