Is blogging a crime if you hold a certain opinion? Apparently so according to the RIAA who plans on litigating the famed lawyer.
Some may disagree with his opinions, but very few dispute the fact that Ray Beckerman has maintained the biggest and most valuable resource regarding litigation brought on by the copyright industry. According to fresh reports released this evening, the Recording Industry Association of America took issue with his stance on the copyright debates and decided that litigation was warranted.
From the report:
The Recording Industry Association of America is declaring attorney-blogger Ray Beckerman a “vexatious” litigator and is seeking unspecified monetary sanctions to punish him in his defense of a New York woman accused of making copyrighted music available on the Kazaa file sharing system.
The RIAA said Beckerman, one of the nation’s few attorneys who defends accused file sharers, “has maintained an anti-recording industry blog during the course of this case and has consistently posted virtually every one of his baseless motions on his blog seeking to bolster his public relations campaign and embarrass plaintiffs,” the RIAA wrote (.pdf) in court briefs. “Such vexatious conduct demeans the integrity of these judicial proceedings and warrants this imposition of sanctions.”
Beckerman, whose blog is Recording Industry vs The People, said in an interview the allegations were “frivolous and irresponsible.”
There’s two issues being raised here. Is he being sued for defending p2p defendants or is he being sued for compiling information and offering opinions on his blog. From the looks of things, it’s more likely the latter as there is a direct quote from the RIAA saying this.
For the more likely reason, this case raises serious concerns with free speech online. Such debates have been mainly restricted to things like racism for the most part, but for the first time in the United States, it appears to be for opposing the stance of the copyright industry.
The case may not be heard for a while since the papers were only recently filed, but one possible result in all of this is the appearance of intimidation for anyone who opposes the copyright industry’s view on the copyright debates. It might never be known how many, if any, would voluntarily give up blogging about the copyright debates – or reporting for that matter – would back away from the subject as a result of this litigation.
Observers would very likely note that this is pretty much an open and shut case for free speech since most, if not, all of Beckermans information comes from public sources to begin with. Either way, it’s going to land the lawyer in a large spot-light where even more people will be watching than before.
[hat tip: BoingBoing]
Damn straight this is just another sign that the RIAA is desperate and is going down! They’re not about protecting the rights of the people they just want more money greedy little bastards. Piracy is going to continue get fucking used to it!
From a corporation who sues 7 year olds grandmothers printers and dead people they have the nerve to call Ray “Vexatious”? Ah yea I love it. The RIAA is digging the hole deeper and deeper Ray will take them to the cleaners (unless RIAA does another cut and run) CD sales will plummet to ZERO! No more “Ramblin’ Man” no more “Brown Eyed Girl”!
Ray has been waiting for the RIAA to implode like this and he’s going to take them to the cleaners. I’m not suprised the RIAA is incensed Ray has been one of the few attorneys out there willing to defend RIAA victims and he is in support of artists giving their mp3s away to listeners for free:
http://www.urlwire.com/news/091608.html
This kind of ad supported music model is the future of the music biz and the RIAA is getting desperate as album sales plummet to new depths.
ok…the RIAA has done some morally questionable things. They’ve done some down right evil things. They’ve done things that would make Satan vomit with righteous indignity. This is the fist completely and totally idiotic thing they’ve ever done.
They’re suing a lawyer. A fucking Lawyer. Someone that knows the law. Someone that has been researching them. Putting someone who can genuinely hurt them in a position where his reputation well being and financial solvency is on the line. Someone that would know how/when to countersue and on what grounds.
The industry has been compared to an old dinosaur sinking in a tar pit. I say it has Alzheimer’s too.
Of course they will sue you for letting your friend listen to your music you don’t have broadcasting rights to do that. In fact where did you get the music on your Ipod? Did you transfer it from a CD? Well thats unacceptable and your Ipod will be confiscated and destroyed. Only some of the realities of the copyright that is already in place and rules ready to be implemented by ACTA. Until the public starts to know whats going on they will keep pushing their agenda in the back rooms. They are slowly reaching a breaking point and I hope consumers get pissed off to the point of copyright revolution for the consumer.
RIAA reminds me of those Scientology creeps there completely stark raving mad! whats next? they gonna want to start suing you for letting friends borrow CD’S and listening to you’re MP3 player with out their written consent? … I’m really shell shocked here! I don’t know what to think = S
If the RIAA is good at anything it is good at creating bad PR for itself!
Even if this case is thrown out in court the effect it could have is making people reluctant to mention opinions or news that run counter to the RIAA’s position (or any other corporation). Anyone with a blog could be served with similar papers if they quoted linked or said they agreed.
RIAA admitted the file sharing lawsuits were part of a p.r. campaign. I have little doubt this is too.
Um.. so how is blogging abuse of the legal system? Especially when he criticizes cases that aren’t even his? Any judge/jury with half a brain will ask the same thing and realize this is an anti-free speech attack. If anything this may lead to the RIAA lawyers getting disbarred and I hope it does.
http://en.wikipedia.org/wiki/Vexatious_litigation
Funny the only vexatious people I see in this argument is the RIAA.
This is strange – all lawyers all the time use out-of-court public forums (has the RIAA ever read a NEWSPAPER!?) to promote their side of a case. The RIAA doesn’t seem to do this unless that dumb comic book about file sharing counts. They’re really trying to say Beckerman has no right to influence public opinion. Surely they KNOW that he will not be intimidated by this. Surely they know that they have no case and any judge would laugh out loud at an attempt to silence free speech like this. I would be curious just exactly and precisely on what ground the RIAA thinks they have a case.
I don’t know that this isn’t beginning to backfire — isn’t file sharing increasing? Do people even care any longer?
Surely the RIAA must have gone gone completely insane over the last weekend or so. Isn’t this a free speech issue? If this lawyer is posting the motions he’s been making in a court case are not those legal motions a matter of PUBLIC RECORD?
I mean WTF?!?!?!!?
I am not seeing a response to this on Ray’s blog yet so he’s likely yet to file an answer to their suit. I think Ray might enjoy this. I don’t know why but this would appear to be the fight that he has been spoiling for. Good. I think the RIAA has bitten off more than it can chew at last. Ray is media friendly and the media should love this. Good.
I’ll agree to that! My jaw hit the floor when I found out about this.
Just keeps getting crazier. Sounds like they are staring to get real desperate.