Copyright Law

RIAA lawyers admit they "could not confirm" whether 1st Circuit Judicial Council had acted in response to Judicial Conference suggestion

By Ty Rogers and Ray Beckerman

In SONY BMG Music v. Tenenbaum, the RIAA's supplemental brief to the First Circuit Court of Appeals represents that the RIAA lawyers "could not confirm" whether the 1st Circuit Judicial Council had acted or not, and therefore did not address the issue at all in the lower court.

RIAA supplemental brief

[Ed. note: This would seem to be reason enough in and of itself to deny the RIAA's petition. The fact that they had not even told Judge Gertner of the existence of the resolution negates any possibility that Judge Gertner was acting outside of her discretion in failing to enforce it. And the fact that the RIAA lawyers couldn't "confirm" the resolution pretty well "confirms" Tenenbaum's argument that the legally prerequisite public notice had not been given, thus invalidating the "resolution". These damning admissions render even more bizarre the RIAA lawyers' refusal to present to Judge Gertner the information and arguments they should have made in the first place, had they been acting competently, and were the resolution lawfully enacted. -R.B.]

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Full post as published by Recording Industry vs The People on March 14, 2009 (boomark / email).