RIAA Lawyer Jumps Ship 181
NewYorkCountryLawyer writes "The RIAA's top litigation lawyer, who has been personally leading the RIAA's litigation campaign for the past several years, Richard Gabriel, will be leaving his law practice after getting a job as a state court judge for a 2-year term in Colorado. What this will mean to the RIAA's litigation machine is anyone's guess. Mr. Gabriel has personally argued all of the RIAA's main cases, including Elektra v. Barker, Atlantic v. Howell, Atlantic v. Brennan, Capitol v. Foster, Atlantic v. Andersen, UMG v. Lindor, and London-Sire v. Doe 1, and personally tried the Capitol v. Thomas case, the only RIAA case that has ever gone to trial. He was working directly under the supervision of the RIAA's mysterious 'representative' Matthew Oppenheim."
awesome (Score:5, Insightful)
Re:New sympathetic venue for RIAA cases (Score:5, Insightful)
So that every defendant moves to have him recuse himself from the proceeding.
THIS JUST IN... (Score:5, Insightful)
"RIAA announces they'll be filing all future litigation in Colorado!!!"
Re:awesome (Score:0, Insightful)
Re:What do you call 1 lawyer at the ocean's bottom (Score:2, Insightful)
Re:awesome (Score:5, Insightful)
there are still privacy concerns that come up (Score:4, Insightful)
Matters of individual and family welfare were supposed to be handled at the bottom level as much as possible. Somehow, the need to monitor the Kluless Klutz Klan and its ikl from above has been an inroad to stretching the normal lines of control. But people who see chances for personal "advantage" in those long lines of control are naturally going to push to extend them further, so it's only natural that matters of personal privacy end up getting handled under "federal" law now.
So maybe there aren't any privacy concerns that will come up in state court, and this will be a good place to keep the guy where he can't do further damage.
Somehow, I'm not optimistic.
(Yes, I am of the opinion that the primary evil in giving IP a legal existence is that it finishes off the erosion of privacy. RMS's essays on the relationship seemed extreme when he wrote them, but the reality of the threat is becoming quite obvious now.)
Re:New sympathetic venue for RIAA cases (Score:5, Insightful)
Re:New sympathetic venue for RIAA cases (Score:3, Insightful)
Re:Appointed by Gov Ritter (Score:5, Insightful)
Re:No mention of the RIAA (Score:3, Insightful)
Re:awesome (Score:5, Insightful)
Unfortunately, it is people like this RIAA lawyer who give the legal profession such a bad reputation among the general public whereas honest and upright lawyers, like our friend NewYorkCountryLawyer, receive much of the ill will associated with that negative reputation and very little recognition for the good work that they do. I for one would like to take this opportunity to thank NewYorkCountryLawyer for the excellent work that he has done in compiling the various briefs, decisions, along with his own original commentary and arguments, and other related materials on his blog to assist in the defense of the ordinary working folks who are being crushed by the RIAA and their unscrupulous attorneys.
Some of the defendants may have sinned yes, but was their crime (assuming that they are convicted and that is not a certainty) really so great as to merit the complete destruction of their lives and their utter financial ruin? It is really too bad that the RIAA has chosen to take the lowest of the low roads with their lawsuit campaign, but hopefully with interested people like NewYorkCountryLawyer and Slashdot staying on top of things we can eventually compel the RIAA and their members to quit harassing the public in lieu of actually having a business plan.
Re:awesome (Score:3, Insightful)
For some reason, and it shouldn't amaze me by now (but it still does,) but I still get shocked by the level of groupthink that goes on @
Re:New sympathetic venue for RIAA cases (Score:5, Insightful)
Re:What do you call 1 lawyer at the ocean's bottom (Score:5, Insightful)
Re:New sympathetic venue for RIAA cases (Score:3, Insightful)
He *might* serve five years, then go back to the riaa for giant buckos.
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Damned weed, three pokes and I figured Iraq might turn into another Vietnam.
Re:awesome (Score:4, Insightful)
Re:New sympathetic venue for RIAA cases (Score:1, Insightful)
RIAA Logic (Score:1, Insightful)
Everyone doing litigation for the RIAA has shown lack of ethics and shady practices. Having that type of background doesn't sound like a good resume to be a judge.
Re:awesome (Score:3, Insightful)
Troll? How about humour?
NYCL is giving people hope by doing a great job. That is why he is respected here on /.
'perfectly good reputation of lawyers' == sarcasm. I'm surprised at the number of people who don't understand sarcasm.
Can we have moderators who actually understand what they are reading, please?
Re:Appointed by Gov Ritter (Score:4, Insightful)
I'm not an American, so please accept my comments in the spirit in which they are intended.
I don't agree that the RIAA are tainted. Their tactics certainly are and they should be prevented from repeating them. But they have a job to do. There is illegal sharing of copyrighted material taking place and it is their job to protect their interests. Those who simply advocate the sharing should be made legal have, in my view, placed their heads up their arses.
Now I don't expect my point of view to receive wide acclaim here on /., but take a look at NYCL's post earlier on. He doesn't 'hate' Gabriel for what he has done, in fact if I read it correctly he respects him as a fellow professional. But he does question Gabriel's understanding of his own job. That's fine and is a reasonable attitude to take. Others have explained why Gabriel might have been duty bound to accept the cases in the first place but I, for one, am glad that the legal profession has many such individuals. Otherwise, who would defend the person accused of murder, who would look after the interests of the poor and homeless, and who would defend those accused of illegal file sharing? They all need lawyers.
The object of your displeasure ought to be the legal system that allows the RIAA to use the tactics that they do (although I think we all sense that this is changing for the better), but not the lawyer who uses the system within the current rules to win his case. I would want any lawyer that I employed to try his hardest to win on my behalf - providing that he did not do something illegal by doing so. If your response is that people cannot afford to fight the big money then that, again, is the system that needs changing, not the fact that some people have more money than others. Change the system so that the poorest can get access to the best legal minds. Make sure that all evidence is collected legally, presented accurately, and judged fairly. That is what NYCL seems to be so good at doing.
Of course we all feel dismayed when the system is gamed, and the RIAA do seem to have had some success at gaming it over recent years. But change the system - or find a better way of preventing illegal file sharing so that there is no need for the RIAA to have to go to court to try to protect their interests.
Why do I have the feeling that some will misunderstand what I have written and they are bashing at their keyboards seconds after I have pressed the 'Submit' button.....?
Re:Appointed by Gov Ritter (Score:4, Insightful)
I can't imagine what you were reading of mine that could have made you believe I felt otherwise. This [slashdot.org] what I said about him. What part of that do you think shows "respect"? Then when someone said I shouldn't attack Mr. Gabriel just because he was my adversary, I responded with this [slashdot.org], saying that the reason I hate him has nothing to do with his being an adversary or taking positions contrary to mine.