Print 31 comment(s) - last by emmet.. on May 19 at 5:13 AM

Florida judge not amused, already told them once

A Florida judge denied an RIAA attempt to dismiss counterclaims filed against it in Atlantic v. Boyer yesterday, allowing all six of the complaints to proceed.

Last month, defendant Eva Boyer filed six counterclaims in response to a standard RIAA copyright-infringement suit filed against her by Atlantic, Warner Bros., UMG, and Sony BMG. She accused the RIAA of civil conspiracy, computer fraud, trespass, deception, extortion, and abuse of process – and each claim was upheld by United States District Judge Richard A. Lazzara.

Recording Industry vs. The People notes that Boyer’s claims are nearly identical to the five out of six surviving claims filed against the RIAA in UMG v. Del Cid, which settled in October of last year. Coincidentally, Atlantic v. Boyer and UMG v. Del Cid share the same presiding judge, in addition to the same counsel for both the plaintiffs and the defendant.

Writing on Slashdot, Vandenberg & Feliu, LLP attorney Ray Beckerman, who coauthors Recording Industry vs. The People, says he underestimated the RIAA’s “chutzpah” for filing the same motion to dismiss a second time:

“I opined that ‘it is highly unlikely that the RIAA will make a motion to dismiss counterclaims,’ since I knew they'd be risking sanctions if they did,” wrote Beckerman under his alias, NewYorkCountryLawyer. “In essence [they] thumbed their nose at the judge, making the dismissal motion anyway.”

In its motion to dismiss, one of the RIAA’s claims (PDF) argued that Lazzara’s prior ruling in UMG v. Del Cid was “wrongly decided,” accusing the court of failing to heed proper burdens of proof, citing revised standards in Twombly v. Bell Atlantic. Lazzara disagreed, noting that a review of the case, and its resulting order, “reflects otherwise.”

Seemingly annoyed with the RIAA’s repeat claims, Lazzara denied the RIAA’s motion to dismiss the morning after it was filed – going so far as to tell Boyer to not worry about filing a response:

“Because the Court has previously resolved all of the issues raised in Plaintiffs’ motion to dismiss,” wrote Lazzara, “and because the Court is not convinced that its prior decision was wrong, the Court needs no response from Defendant and the motion is due to be denied.”

The RIAA has ten days to answer Boyer’s counterclaims.

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By nvalhalla on 5/7/2008 9:31:11 AM , Rating: 5
I'm loving all these RIAA stories recently! I love nothing more than whena judge puts an abusive company in it's place. They saunter into courtrooms thinking "open and shut" because they have little need to prove their case and overwhelmingly larger defenses and coffers. It's worked, for a few years. Now we are finally seeing people stand up to them and judges willing to listen. I am pleased.

RE: Beautiful!
By eye smite on 5/7/2008 10:10:37 AM , Rating: 1
Yes, this is a rare case where democracy wins over capitolism. Usually it's the other way around in this country now days. Basically we live in a Capitolist Dictatorship. lol

RE: Beautiful!
By MrBlastman on 5/7/2008 10:13:57 AM , Rating: 2
Do we have to bring politics into everything?

Last time I checked, America is a Republic. I don't see the Senate nor the Congress doing everything teh G.Dubya says to do...

RE: Beautiful!
By djkrypplephite on 5/7/08, Rating: -1
RE: Beautiful!
By odessit740 on 5/7/2008 10:56:51 AM , Rating: 2
Are you a moron? Try comparing the US to a real dictatorship, not a Republic where power is decentralized between 3 branches. Go study Russian history and perhaps some recent history of Iraq before you make bullshit claims. Democracy is a political system where capitalism is an economic one, its like comparing apples to oranges.

I'm very pleased to hear how the judge handled this and hope that the defendent will be able to rip the RIAA of millions for their strong arm tactics and invasion of privacy.

RE: Beautiful!
By eye smite on 5/7/08, Rating: -1
RE: Beautiful!
By odessit740 on 5/7/2008 11:06:02 AM , Rating: 2
If you can't realize that you will most definitely start a debate with such comments, then idiot=you. Everyone knows what corporations do, how they try to control and influence politics, if they didn't then someone else would, its just natural. But blaming capitalism is stupid. History shows the capitalism > communism, capitalism > socialism, capitalism > authoritarianism. Most of the people know all about the evils of corporations and corporate america, they just don't need to bitch and whine about it with every post.

RE: Beautiful!
By eye smite on 5/7/08, Rating: -1
RE: Beautiful!
By Denigrate on 5/7/2008 1:19:25 PM , Rating: 5
Short. Bus. Rider.

You eat up propaganda from your prefered crap flingers and think that the rest of us are morons because we can't see the "brilliance" of your flawed positions.

You might try thinking for yourself someday. At that time, you'll see that no one side has all the answers.

"You can bet that Sony built a long-term business plan about being successful in Japan and that business plan is crumbling." -- Peter Moore, 24 hours before his Microsoft resignation

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