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Comments: 2 +-   RIAA 'threw in towel', then threw 'sucker punch'-> on Thursday June 12 2008, @06:36PM NewYorkCountryLawyer

Submitted by NewYorkCountryLawyer on Thursday June 12 2008, @06:36PM
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NewYorkCountryLawyer writes "The RIAA threw in the towel, all right, but was only doing it in preparation for throwing a 'sucker punch'. After dropping its 'making available' case, Warner v. Cassin, before Judge Robinson could decide whether to dismiss or not, it was only trying to do an 'end run' (if I may mix my sports metaphors) around the judge's deciding the motion and freezing discovery. It immediately, and secretly, filed a new case against the family, calling this one 'Warner v. Does 1-4'. In their papers the lawyers 'forgot to mention' that the new case was 'related'. As a result, Does 1-4 was assigned to another judge, who knew nothing about the old case. The RIAA lawyers also may have forgotten that they couldn't bring any more cases over this same claim, since they'd already dismissed it twice before. Not to worry, NYCL wrote letters to both judges, reminding them of what the RIAA lawyers had forgotten."
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  • Who would have ever guessed that the incompetency of the RIAA would have caused them to shoot themselves in the foot? But then again, this does make me wonder if this "fumble" was orchestrated for some other purpose and to merely look like a mistake. Maybe they wanted this to go away since the first (second?) case attacked their making available theory. Let me also say, "Thank you NewYorkCountryLawyer for all that you do in the interest of the public. You truly make a difference and help defend against th
    • by NewYorkCountryLawyer (912032) * on Thursday June 12 2008, @10:33PM (#23774049) Homepage Journal

      Who would have ever guessed that the incompetency of the RIAA would have caused them to shoot themselves in the foot? But then again, this does make me wonder if this "fumble" was orchestrated for some other purpose and to merely look like a mistake. Maybe they wanted this to go away since the first (second?) case attacked their making available theory. Let me also say, "Thank you NewYorkCountryLawyer for all that you do in the interest of the public. You truly make a difference and help defend against those that would bully and prey on those weaker because they feel entitled to, if only because they think they can get away with it."
      Thanks, Aldenissin. I only wish I could do more.
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