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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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RE: Beautiful!
By eye smite on 5/7/2008 10:59:12 AM , Rating: -1
Hey, I didn't make my comment to start a debate with you idiots. If you can't see that corporations have politicians in their pockets so they can rob you blind legally, you have a few lessons to learn. It's ok though, big corporations need suckers like you to support their greed habit. Go ahead and fall for their overpricing and propoganda, they really do need you. Do you sit there in awe when Chevron plays their " we're searching for ways to get off of oil" commercials? I bet you do.

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.

"Nowadays, security guys break the Mac every single day. Every single day, they come out with a total exploit, your machine can be taken over totally. I dare anybody to do that once a month on the Windows machine." -- Bill Gates

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