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RIAA's Attack On NewYorkCountryLawyer Fails 222

NewYorkCountryLawyer writes "p2pnet.net reports that the RIAA has egg on its face. When the Electronic Frontier Foundation requested permission to file an amicus curiae brief on behalf of Boston University students challenging the RIAA's ex parte discovery order, the RIAA lawyers attacked the blog 'Recording Industry vs. The People' for its criticism of the RIAA as seeking to 'abuse the American judicial system, distort copyright law, and frighten ordinary working people and their children' and then falsely claimed that the blog's author is an EFF attorney — this despite the fact that they know that the blog's author (known on Slashdot as NewYorkCountryLawyer) is a partner in a New York law firm and not an EFF attorney. Judge Gertner apparently wasn't impressed, and granted the EFF's motion, rejecting the RIAA's objections, since she felt amici curiae might 'shed light' on the 'copyright law' and 'computer technology' issues before her."
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RIAA's Attack On NewYorkCountryLawyer Fails

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  • by Phoenix666 ( 184391 ) on Friday February 08, 2008 @12:06PM (#22349436)
    I am glad that NewYorkCountryLawyer posts on Slashdot, because I always learn from his posts.

    But my pop-culture saturated brain always translates that username as, "Single Female Lawyer," and I worry about visitors from Omicron Persei 7.
    • by Steeltalon ( 734391 ) on Friday February 08, 2008 @12:10PM (#22349484)
      But that final episode was so great! Imagine how great NewYorkCountryLawyer could make a series finale! I like to hope that it involves Lur eating the RIAA.
      • I'm proud to be in the vanguard of the struggle to save Earth from the clones.
        • by mpapet ( 761907 )
          Ray,

          Now that the writer's strike is over, you should shop your story in Hollywood. It's part Erin Brockovich, part "Anatomy of a Murder" with a "lawyer with a heart of gold" main character. Hollywood LOVES remakes.

          Thanks for all of your time and effort on this.

          Off topic:
          how do we, as non-lawyer types, bring some of the lawyers working for the RIAA up to their respective Bar Association for ethical/procedural violations? I would hope that would contain the RIAA better.
        • Re: (Score:3, Funny)

          by CaptainZapp ( 182233 ) *
          Ray, even though I'm not an American and not directly affected by those thugs I want to thank you for your efforts. Tables seem to turn into a direction that makes them worth it.

          abuse the American judicial system, distort copyright law, and frighten ordinary working people and their children

          But please, stop abusing the American judicial system, please refrain from distorting copyright law and may I kindly mention that it's not nice to frighten ordinary people.

          Don't you think of their children?

          :)

          • by wish bot ( 265150 ) on Friday February 08, 2008 @05:46PM (#22354534)
            It also shows the difference that ONE person can make. Now, I know there's more to it than that, but so many people here complain that the only way to enact change is with gobs of money. Well here is proof that dedication, perseverance, and calm rational reasoning CAN make a difference.
        • Re: (Score:2, Insightful)

          by Anonymous Coward
          Remember, though -- you're still a lawyer, so even if you're on our side, we all fucking hate your scaley snake-ass.
      • by sconeu ( 64226 )
        Just so long as there aren't any drug crazed hippies there.
    • by eldavojohn ( 898314 ) * <eldavojohn@noSpAM.gmail.com> on Friday February 08, 2008 @12:16PM (#22349602) Journal

      But my pop-culture saturated brain always translates that username as, "Single Female Lawyer," and I worry about visitors from Omicron Persei 7.
      The first time I read it, I actually thought it was a pun on The Hyperchicken [wikipedia.org] which would always start his sentences with "Now, your honor, I'm may be just a simple hyperchicken from a backwoods asteroid ..." from the same pop culture show you speak of.

      Luckily, once I read his posts, I was quite impressed and informed but also saddened [slashdot.org] by the way he was treated [slashdot.org] when he was first interviewed on Slashdot. But lucky for us, he keeps contributing massively and acts as a bridge between us and that strange foreign legal world where logic will get you killed.

      Furthermore, I hope I get a follow up story where NewYorkCountryLawyer gets mad and pushes back. Of all the people assaulted by the RIAA, he's the most likely to be able to comprehensively do something about that. Hats off to you, Ty & Ray!

      Just, please, NYCL, for the love of God whatever you do do not install P2P client software on your computer at this point! :-)
    • Re: (Score:2, Informative)

      by Anonymous Coward
      Is it bad that I immediately knew it is actually Omicron Persei 8?
    • Re: (Score:3, Funny)

      by techpawn ( 969834 )

      But my pop-culture saturated brain always translates that username as, "Single Female Lawyer,"
      Well thank you VERY much! Now I can never see a post or story from him without "NewYorkCountyLawyer... Havin' lots of sex..." echo through my head!
    • Re: (Score:2, Informative)

      by mweather ( 1089505 )
      It's Omicron Persei 8, not 7.
    • I liked you before, but now that I know you are a Futurama fan, I adore you! :-D

      Seriously though that was pretty funny, although wasn't it Omicron Persei 8?

      Signed,
      purple haired feak (yeah my hair is purple now, as homage to my favorite TV show!)
  • by Enlarged to Show Tex ( 911413 ) on Friday February 08, 2008 @12:08PM (#22349450)
    It takes far more money to buy the entire judicial system than it does to buy a few hundred politicians
    • by Bombula ( 670389 )
      What we're witnessing are the death throws of the RIAA. I predict it will be gone within 3-5 years, and the whole traditional music/label industry in 10. The fact that they would rather litigate than innovate is clear evidence that they're just a fat guy hanging on to a crumbling cliff by his fingernails. More nails in the coffin: Wall Street has finally started issuing warnings NOT to invest in music industry stocks.

      The industry will undoubtedly go down kicking and screaming, but down it will go - of th

      • by mrxak ( 727974 )
        I think you're right. I just hope that it soon becomes prohibitively expensive to hire all their lobbyists and lawyers compared to their lawsuit payouts.
      • Re: (Score:3, Insightful)

        by powerlord ( 28156 )

        The industry will undoubtedly go down kicking and screaming, but down it will go - of that there can no longer be any doubt.

        I disagree. I think instead that, "The industry AS IT IS NOW will undoubtedly go down kicking and screaming, but down it will go UNLESS IT CHANGES."

        Imagine if the Recording Industry decided to offer up its music at one "low price" [itunes.com], or perhaps they decided to offer non-DRMed tracks [amazon.com] (perhaps for an extra dollar [itunes.com]. Or maybe they could offer an "all you can eat" monthly subscription [rhapsody.com], or ma

      • by Mister Whirly ( 964219 ) on Friday February 08, 2008 @01:45PM (#22351056) Homepage
        Yeah. You also forgot to add BSD is dead, Microsoft is on the way out also, and this will finally be the year of "Linux on the Desktop".
      • Re: (Score:3, Funny)

        What we're witnessing are the death throws of the RIAA.

        It's death throes, not death throws! THROES. GAAaaahhh! (grabs wax doll, removes RIAA sticker and a few pins, writes "Bombula" on a tag and pins it to doll. Grabs said doll and swings violently against remains of a TV, then bashes with a copy of Mein Strunk.) Death THROES of RIAA ! THROES!! AHahaha! (throes doll out the window, takes deep breath, checks medication...)

  • For the non lawyers (Score:5, Informative)

    by ZanySpyDude ( 1215564 ) on Friday February 08, 2008 @12:09PM (#22349476) Homepage
    this helped me out. http://en.wikipedia.org/wiki/Amicus_Curiae_Brief [wikipedia.org]
  • Geez Louise, (Score:2, Interesting)

    You have to wonder what they'll do next.

    Maybe claim that if you share ear buds with your friend, that you're "stealing" the music? That you should be prosecuted for theft?
    • Re: (Score:3, Insightful)

      If they thought they could get away with it, I'm sure they would do that. As it stands now they either: 1) have one small toe grounded in reality enough to let them know that this wouldn't be allowed, or 2) have this as a future step in their master plan.
    • Re: (Score:3, Funny)

      On the plus side, if they decide to prosecute you for sharing a pair of ear bud headphones with your buddy, you'll only be liable for "stealing" half the song!
      • On the plus side, if they decide to prosecute you for sharing a pair of ear bud headphones with your buddy, you'll only be liable for "stealing" half the song!
        ...But your buddy will take huge legal damages for "setting up an illegal and unauthorised song sharing system".
    • by Nom du Keyboard ( 633989 ) on Friday February 08, 2008 @01:58PM (#22351258)

      Maybe claim that if you share ear buds with your friend, that you're "stealing" the music? That you should be prosecuted for theft?

      Don't laugh. In Scotland just a few months ago, a car repair facility was fined for public performance without a license because the mechanics doing the repairs were playing their radios loud enough for customers in the waiting area to hear. Remember that radios are licensed in Britain, and that they can be really stupid at times. Especially since the customers could have listened to exactly the same station on their own radios without a problem.

  • RIAA = SCO? (Score:5, Interesting)

    by CheechBG ( 247105 ) on Friday February 08, 2008 @12:12PM (#22349534) Homepage
    is it just me, or are there more and more similarities between the RIAA's public handling of these cases and the SCO ordeal? It seems like ever week or so another judge issues a smackdown to the RIAA's motions or momentum. I hope for the sake of the public that this doesn't drag on as long as the SCO trial did/is, but I can't help but draw the conclusion that the RIAA's path is ultimately doomed. If not doomed by the courts, then doomed by inciting subversion in their user base. It's just a shame that this has to affect so many more people than just SCO vs. Novell/IBM (and Linux users collectively)
    • Re:RIAA = SCO? (Score:5, Insightful)

      by qortra ( 591818 ) on Friday February 08, 2008 @12:45PM (#22350036)
      If you get the majority of your news from Slashdot, I think your perception of the state of affairs would be skewed. There are several important differences between SCO and RIAA:
      • SCO was evil and stupid, whereas the RIAA is merely evil (though it has had bonehead moments)
      • SCO was only known or really recognized among people (usually IT/Software people) who were smart and knowledgeable enough to know just how terrible they were. The RIAA, on the other hand, is a nationally recognized organization, and the majority of people who know them won't have the knowledge or experience to know exactly why they suck so much.
      • The RIAA has deep pockets and [until recently] enjoyed the outright support of very large influential corporations. SCO, on the other hand, only had Microsoft which really couldn't outright support SCO (they had to support them through shady deals like buying licenses, and that only goes so far).
      • SCO was looking out for SCO. They were a greedy, selfish, stupid company that were willing to bring down the entire open source community for their own profit. The RIAA on the other hand has the interests of an entire business model in hand; they see it as their job to rescue a dying business model from death. Not only do they enjoy the support of their constituent corporations, but also sympathy and legal/lobby aid from their evil sister organizations (MPAA, BSA to name a few).
      None of this is written to claim that there isn't hope. However, this will be a much harder battle than SCO. SCO was pathetic, and the RIAA simply isn't.
      • Re: (Score:3, Interesting)

        by jedidiah ( 1196 )
        I think you overestimate the notoriety of the RIAA.

        While there are certainly industry types and perhaps some
        related business owners that might be familiar with them,
        the RIAA might as well be SCO.

        As far as whether or not those who know know well enough
        to despise them... well, there's that last bit about the
        RIAA trying to reduce songwriter royalties. So don't be
        so sure that the non-geeks aren't aware of how evil the
        RIAA is.
    • similarities between the RIAA's public handling of these cases and the SCO ordeal

      Also, SCO got upset at PJ on GrokLaw, just as RIAA is getting upset at NYCL on his site. I forget the specifics, but I recall that SCO tried to defame PJ's character for reporting truthfully in regards to their case.

  • by account_deleted ( 4530225 ) on Friday February 08, 2008 @12:13PM (#22349548)
    Comment removed based on user account deletion
    • Strange, I just thought it meant embarrasment (I'm from Scotland though, maybe it's different in England). Here "you're flying low" or "your fly's undone" is enough for most.

      Anyway, if indeed what you are saying is true, I nominate "You have long chained proteins on your face!" as something funnier to say when someone is walking around with his wiener hanging out.
    • by sm62704 ( 957197 )
      Well it makes sense, since the expression "you have egg on your face" means you're embarrassed. And having your fly open is rather embarrassing, especially if you're not wearing underwear.
      • Re: (Score:3, Funny)

        Comment removed based on user account deletion
      • Back in the day when the entertainment industry believed outtakes were a Bad Thing, and the original Star Trek blooper reel was seen only on the surreptitious college circuit, it was often accompanied by some other showbiz bloopers. One, in particular, was hysterically funny...it featured Garry Moore, a Fifties game-show and variety-show host, doing his opening monologue wearing Bermuda shorts which had burst on the fashion-fad scene circa 1956. Unbeknownst to him, his fly was open -- and worse, he was comm
    • I'm originally from London and that said, Ida fort OI, MATE! YOUR F***IN' FLIES ARE OPEN! woodabin even betah. Wish oida fort ov it. On second thoughts, though, it wouldn't have worked. Only one of the RIAA minions is male. So maybe you're correct ;p Cheers! Jon - p2pnet
    • "quiet and genteel." Methinks you've never seen "Little Britain," been to a football match, or watched a session of Parliament.

      I do not think those words mean what you think they mean. ;-)

    • Re: (Score:2, Funny)

      by JoeZeppy ( 715167 )
      Over here in Blighty, the expression "you have egg on your face" is often said to a man who had forgotten to zip up his trouser flies, possibly after visiting a urinal.

      Ha! Where I'm from, we say "Kennywood's open!"

      50 Imaginary mod points to the first person to correctly localize that euphemism!

  • by Bill, Shooter of Bul ( 629286 ) on Friday February 08, 2008 @12:15PM (#22349588) Journal
    How many times on how many levels can one reference oneself. He submitted an article that was written by him about a court ruling on his work. I'm not dissing him, I'm just envious. Maybe someday, I'll figure out a way to write a fully recursive story.
    • Re: (Score:2, Insightful)

      Well - If he can deliver a good smackdown to ANY *IAA group, he can post "I am God" every day on ./ for all I care!

      And If I have mod points that day, will give him an "Informative" or "Underrated" mod!
    • Then make your atom/rss feed post to the firehose. Do you really think that it's him that posts each of these stories? I've never met busier people than practicing trial attorneys, outside of teaching hospitals.
    • Comment removed based on user account deletion
    • by sm62704 ( 957197 )
      Maybe someday, I'll figure out a way to write a fully recursive story.

      That's the easy part. The hard part is getting it on slashdot's front page. Since Mr. Beckerman is writing about something that is near and dear to many slashdotters' hearts (mine included) it's easy for him, hard for you and me.

      Speaking of which, I apologize for the dearth of self-referential slashdot journals lately.
      • Mr. Beckerman is writing about something that is near and dear to many slashdotters' hearts (mine included)
        You're right. The way I first heard about Slashdot was that one day I found a post on my blog about RIAA litigation getting clobbered by visitors from a place called "slashdot.org" where an amazing Talmudic debate was under way, in which various participants were citing to various segments of various litigation documents and transcripts. I said to myself

        "what the heck is this? it looks like an internet discussion board but it's obviously something much different than that? and who are these people, they seem like lawyers, who else would be interested? but they seem smarter than lawyers? just as argumentative, but more logical?"
        So I asked my youngest son, who is an astrophysicist and techie, and he set me straight. And my life hasn't been the same since.
        • by eldavojohn ( 898314 ) * <eldavojohn@noSpAM.gmail.com> on Friday February 08, 2008 @12:46PM (#22350048) Journal

          So I asked my youngest son, who is an astrophysicist and techie, and he set me straight.
          He said:

          "No, dad, these people aren't like you. They have souls unlike lawyers but they lack lives.

          A lawyer will have many dates while a geek or nerd will have none. You might wow a girl by bringing her home to your mansion and serving her fine wine & caviar, a Slashdotter will call upstairs to his mother for more rice krispy treats and kool aid.

          You know your bounds on expertise and the law is your opinion. The Slashdotter knows no bounds on his expertise and his opinion is the law.

          So you see, dad, if you try and communicate with these beings, you best not make a mistake or confuse Shatner with Nimoy or you'll face the most demeaning comments the internet has ever seen.
        • a place called "slashdot.org" where an amazing Talmudic debate was under way

          Hmmm, first time I think I've ever heard Slashdot compared to a Talmudic debate. I certainly see the similarities (opposing positions trying to sway the opposite side pulling in citations from other sources), but I still see a few differences (like the lack of each page starting with a quote from "Plony Almony" going "First Drash!", or a flame war erupting that covered three pages between those supporting Beit Shammai and those sup

        • Dear Ray - let me adapt your post:

          One day you found a post on your blog about RIAA litigation, getting clobbered by visitors from a place called "slashdot.org" where an typically amazing Talmudic debate spiced with trolls was under way, in which various participants were citing to various segments of various litigation documents and transcripts, mixed with impassioned semi-correct theories.

          Every time such a story appears, we say to ourselves:

          "Who the heck are we? We're clearly an internet discussion board,
    • How many times on how many levels can one reference oneself. He submitted an article that was written by him about a court ruling on his work. I'm not dissing him, I'm just envious. Maybe someday, I'll figure out a way to write a fully recursive story.
      In my defense, I wasn't planning to submit this article. A friend had the idea, and twisted my arm to do it.

      But now that I've done it, I'm glad I did, because I'm reading some of the funniest comments I've ever read, such as this one [slashdot.org], this one [slashdot.org], and this one [slashdot.org]. And the thread is only about 20 minutes old at this point, so I would say we're just getting warmed up.
    • Dear God I needed that laugh! You are my "Internet Hero of the Day!"
    • by SQLGuru ( 980662 )
      Don't forget that he's also the largest contributor of comments to this thread as well.

      Layne
  • Would you like green eggs and ham?
  • by zappepcs ( 820751 ) on Friday February 08, 2008 @12:26PM (#22349746) Journal
    would be able to do this without laughing loudly and falling off their chair... emphasis is mine

    the RIAA lawyers attacked the blog 'Recording Industry vs. The People' for its criticism of the RIAA as seeking to 'abuse the American judicial system, distort copyright law, and frighten ordinary working people and their children' and then falsely claimed that the blog's author is an EFF attorney -- this despite the fact that they know that the blog's author (known on Slashdot as NewYorkCountryLawyer) is a partner in a New York law firm and not an EFF attorney. Judge Gertner apparently wasn't impressed, and granted the EFF's motion [CC], rejecting the RIAA's objections, since she felt amici curiae might 'shed light' on the 'copyright law' and 'computer technology' issues before her."
    The RIAA accused NewYorkCountryLawyer of using *THEIR* business model against them. Surely that is illegal? right?
  • nycl: an offer (Score:5, Interesting)

    by circletimessquare ( 444983 ) <circletimessquar ... m minus language> on Friday February 08, 2008 @12:37PM (#22349920) Homepage Journal
    i live and work in midtown, have an hd camera and an editting set up, and a burning passion in support of a common sense approach to intellectual property [kuro5hin.org]

    i am not looking for a soap box, i am offering you a soap box. if you ever had dreams of pulling a michael moore or a morgan spurlock [imdb.com] on the riaa, let's do it

    call it "taking on the riaa", or i am sure you can think of a better title. we can sample some of the more egregious bastard things these guys pull, and document, in real time, as they are taken down in case after case, digesting it into something more palatable for the mainstream public by explaining to them why it should matter (in a cinematic way, not a talky way: interview say that woman from wappingers falls who was attacked). emotionally, it would simply be little guy versus vile conglomerate. all factual, no stagey theatrics. but not boring and dry legalese. done right, it would be cinema gold

    i'm 100% serious. if you are game, i am willing to commit serious time to this. lead us on nycl. i am sure there are other slashdotters who would sign on to this too

    • Off Topic: The link in your Sig to "bangamovie.com" seems to point to a Domain Squatter.

      On topic:

      Word of caution: Making a film is hard work, but you probably know that from the low budget film you are producing. I have personally put together a "movie [metaphrast.com]" of an experience I had last summer. This came together over the course of 2 weeks of filming and 3-4 months of editing. Mind you, I didn't have to any of the things that you'll have to do such as (a) research, (b) write a script, (c) edit the script

  • by sorak ( 246725 ) on Friday February 08, 2008 @12:45PM (#22350040)

    From Wikipedia [wikipedia.org]

    Amicus curiae (plural amici curiae) is a legal Latin phrase, literally translated as "friend of the court", that refers to someone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it. The information may be a legal opinion in the form of a brief - testimony that has not been solicited by any of the parties - or a learned treatise on a matter that bears on the case. The decision whether to admit the information lies with the discretion of the court.

    In case anyone else was wondering what amicus curiae meant.

  • What's next?

    The courts are going to be fair?

    What ever shall become of the RIAA?
  • by bzipitidoo ( 647217 ) <bzipitidoo@yahoo.com> on Friday February 08, 2008 @01:07PM (#22350444) Journal

    accuse Plaintiffs of acting as "a cartel of multinational corporations [that] collude to abuse our judicial system, distort copyright law, and frighten ordinary working people and their children."

    Well, RIAA lawyers, the answer is simple. Show the world you believe what you say. Sue NYCL for libel! Take on Harvard too, while you're at it. The aggrieved tone of that statement tries to make the accusation sound ridiculous. So why don't you RIAA guys put your money where your mouth is, and sue? You have full confidence you will win, don't you, because he's wrong? Or could it be he's right, and you're nothing but a bunch of sulky bullies spouting trash talk from a safe distance? Guess you haven't got guts enough to take him on, and that says it all right there. This attempt to quash a brief is the equivalent of wishing you could have someone arrested and jailed, but in absence of any reason to do so settling for walking your dog over to fertilize his yard. Weak.

    • Re: (Score:3, Funny)

      by kimvette ( 919543 )

      Or could it be he's right, and you're nothing but a bunch of sulky bullies spouting trash talk from a safe distance?


      RIAA = slashdot.org? ;)
  • by ShinmaWa ( 449201 ) on Friday February 08, 2008 @01:34PM (#22350880)
    One thing that wasn't made clear by the articles, that I was hoping Mr. Beckerman could clear up. It appeared that the EFF was awarded their motion in spite of the RIAA's attempt to falsely associate you and your blog to them, but there's no indication, that I saw, that the court has been made aware that you and your blog are not at all associated.

    Was the false association that the RIAA made between you and the RIAA ever set straight to the court? I know that if anyone tried to falsely associate me to an organization in such a manner, even to an upstanding organization such as EFF, I would be writing all kinds of letters attempting to set the record straight.

    • made between you and the RIAA
      My bad. That should have read "between you and the EFF". I'm on cold meds, can't you tell? :)
    • I'd also like to know if RIAA might face any penalties for lying in their statements to the court. Does this count as perjury?
      • Re: (Score:3, Informative)

        I'd also like to know if RIAA might face any penalties for lying in their statements to the court. Does this count as perjury?
        It would certainly merit Rule 11 sanctions, and possible dismissal of their case.
  • Bravo! (Score:4, Informative)

    by beadfulthings ( 975812 ) on Friday February 08, 2008 @02:10PM (#22351422) Journal
    New York Country Lawyer, you are an asset to Slashdot. I hope you continue to live long and prosper; you've certainly educated me, and I suspect the same is true for a lot of regular Slashdot readers.
  • by Stanislav_J ( 947290 ) on Friday February 08, 2008 @04:21PM (#22353406)
    I have always appreciated NYCL's opinions and commentary, and it's not hard to see why the RIAA was so keen on discrediting him. After all, he is their worst nightmare: a lawyer who (a)is not on their side, (b)actually understands computer technology and software, and (c)also understands the dubious legal nature of many of the RIAA's actions. Moreover, he can explain (b) and (c) in ways that even the most clueless judge (not to mention the most non-techie /. reader, like me) can understand. He's showing that the emperor has no clothes (or, at the very least, is in a state of minimal dress) and they take umbrage at that. Keep fighting the good fight, sir -- we salute you.
  • Amazing, NewYorkCountryLawyer is actually getting under the skin of the RIAA. I love it.

    I guess the RIAA hate it when you lift up the rock from under which they dwell, and expose their churning, writhing selves to the bright sunlight of truth.

     

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