Obama Taps a 5th Lawyer From the RIAA

risingfish writes "Looks like Obama did what many organizations have asked him not to do. In a disappointing move, he has tapped a fifth RIAA lawyer to a top spot in the Justice Department."

So who here is with the press?

[JerryLove]

It would be nice to see this question directly asked to Obama in a press conference.

Re:So what?

[MrAl]

So you want the Justice Department filled with people who's moral base changes depending on who signs their paychecks? The RIAA has been proven to use underhanded and illegal methods to try and come up with "arguments to prove that people owed them money". So if you get on the bad side of the DOJ it's okay for them to use illegal and immoral methods to prosecute you? You want a bunch of Eliot Spitzer's over at the DOJ? In my mind this is very scary.

Re:Cut off the money supply

[commodore64_love]

I'd rather send my music allowance (one dollar) directly to the singers. That's more than they normally get (~5 cents per album). The annoying thing about the record companies is they expect us to hear a song like "Paralyzer" and immediately run out to buy the Nine Fingers CD. Me, I'd rather wait until that one-hit wonder is released to a Greatest Hits CD than spend $12 for one measly song.

Yeah I know I could buy the song on Itunes, but that site only exists because of the pressure exerted by torrents. The protests from the fans *forced* companies to offer songs for downloads - they didn't do it by choice.

How is this not a good thing?

[stainless-steel-vash]

By removing whatever competent lawyers remain for them it makes it even harder for them to win a case. It's win-win. RIAA loses the lawyers that enabled them to "win" these silly cases by stupid means, and the government gains a pitbull they can use to win cases. The only downside is if the pitbull/government go after cases that are not pro-human rights, common sense, etc. I leave that to be seen.

Re:Lawyers represent their clients

[Trepidity]

Obama now claims that HR 6304 does not permit investigation [salon.com] into illegalities by the Executive after all, as he's pushing a strengthened version of Bush's executive immunity theory.

Re:Withdrawing nomination != Forced to Resign

[Enderandrew]

I'm a right-wing loon if I think criminals shouldn't hold cabinet positions? The company Hillary was running was found to have broken the law. Everyone else went to jail. A judge ordered her to turn over court documents, she refused, and everyone let the matter slip because why should she be held accountable to the law?

And Obama isn't holding people to higher standards. He has been appointing people with known corruption issues, and then in many cases standing behind them.

Obama made a campaign promise not to appoint any "Washington politicians or lobbyists" to cabinet positions. He appointed Daschle, who not only didn't pay taxes, but is a Washington lobbyist, who lied about being a Washington lobbyist. Obama said that he supported the appointment either way.

Re:Lawyers represent their clients

[Ethanol-fueled]

Since the few of you who have responded to my above post seem to lack a sense of association, let me explain why I mentioned Silverlight:

• RIAA throws a lot of money at Obama, obama installs their lawyers in DOJ
• Microsoft throws a lot of money at the Obama campaign, Obama campaign streams [techtarget.com] inaguration using Silverlight.

Of course, that's common sense. Now let's hope this example is a sign of things to come:

• Microsoft throws a lot of money at MLB, MLB uses silverlight to stream their games...only this time, it dosen't work out [cnet.com] after they realize what a stupid move it was.

Re:You do want to start a flame war.

[Enderandrew]

It isn't a conspiracy theory but a matter of public record.

http://en.wikipedia.org/wiki/List_of_people_pardoned_by_Bill_Clinton [wikipedia.org]

You should check the names of the list (almost 200 strong).

Many were members of mafia families who donated directly to Bill Clinton, also a matter of direct public record which you can fact-check within 30 seconds.

Next time, instead of living in fantasy land, try Google.

Re:Cut off the money supply

[TheQuantumShift]

Also, why not send a check directly to the artists? Include a note explaining why you've cut out the middle man, and ask why they haven't yet.

Obama The Liar.....

[IHC Navistar]

Wow..... Obama, the precious little thing of the Democratic Party, has changed masks and broken SEVERAL firm campaign promises in the first 3 months of being in office.

He has broken his promises and shown the country the hard on he has for Big Brother that he managed to hide the whole election.

Where's the change?! It's still the same corrupt, two-faced, lying, promise-breaking, Orwellian bullshit that we had to put up with during the Bush years.

Obama: What a fucking joke.

Taps?

[Facetious]

I really hope "taps" doesn't mean what I think it means.

Re:Nice spin, loon.

[Enderandrew]

The blog (which I haven't updated since my computer died) does not run merely conservative points. My wife is a Republican and I disagree with her all the time. Most of my friends are registered Democrats are I disagree with them a lot of the time.

The primary reason is because neither party really upholds the beliefs they are supposedly based on.

I am a liberal because I subscribe to political beliefs of individual civil rights and freedoms. I get upset when Democrats in office don't uphold those rights they promised to protect. So by your definition, that makes me a right-wing loon because I don't blindly support lying politicians.

I love your logic.

If I failed to list over 200,000 in income, I would go to jail. Daschle did not list income or pay taxes on it. When his salary (excluding benefits such as the car) alone is 2 million dollars from his lobbying firm (which he lied about, claiming he isn't a lobbyist), he can afford an accountant to make sure he is doing his taxes correctly.

Daschle (like many Republicans I assume as well, since it seems more systematic of wealthy bastards rather than following party lines) has the money to pay taxes, but opts not to, while those of us with far less money struggle to pay our bills in a difficult economy.

We should hold our leaders to high standards, expecting them to set good examples, and maybe even (heaven forbid) follow the law.

And perhaps you aren't familiar, but not declaring income is a criminal offense.

Re:Lawyers represent their clients

[Chyeld]

What experience could they all have in common? What job skills is the DOJ looking for when screening new attorneys?

Lets look and find out!

http://www.jenner.com/people/bio.asp?id=222 [jenner.com]

IAN HEATH GERSHENGORN,
Mr. Gershengorn frequently represents clients in appellate matters at the Supreme Court of the United States and at the federal Courts of Appeals. He has represented numerous parties in Supreme Court merits cases, including the motion picture and recording industries in Metro-Goldwyn-Mayer Studios Inc. v. Grokster; NextWave Telecom Inc. in FCC v. NextWave Personal Communications Inc.; Kevin Wiggins in Wiggins v. Smith; Clarence Hill in Hill v. McDonough; Jeffrey Landrigan in Schriro v. Landrigan; and MCI in Verizon Communications Inc. v. FCC and AT&T Corp. v. Iowa Utilities Board. He has also served as counsel of record in numerous amicus briefs before the Court, including a brief on behalf of the defense industry addressing government contracting practices, and a brief in connection with litigation over the Ten Commandments.

Mr. Gershengorn has an active Indian law practice, with particular emphasis on Supreme Court and appellate litigation. He was counsel of record in Wagnon v. Prairie Band Potawatomi Nation, which he argued in October 2005. And he successfully argued before the en banc U.S. Court of Appeals for the First Circuit in Carcieri v. Norton, a case challenging the authority of the United States to take land into trust for Tribes. He has filed amicus briefs supporting the Tribes and tribal interests at the Supreme Court, including Cherokee Nation of Oklahoma v. Leavitt; City of Sherrill v. Oneida Indian Nation of New York; and Inyo County v. Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony. He also successfully opposed certiorari in South Dakota v. Cummings, a case involving the authority of state officials in hot pursuit to arrest a tribal member on the reservation for a misdemeanor committed off the reservation.

Mr. Gershengorn has also represented an array of clients in litigation at the courts of appeals, including MCI, Inc. (formerly WorldCom, Inc.); the Association of American Railroads; the Recording Industry Association of America; NextWave Telecom Inc.; CTIA -- the Wireless Association; and the National Association of Broadcasters. He has argued numerous cases in the United States Courts of Appeals.

Mr. Gershengorn has also represented clients in a range of non-appellate litigation matters. Mr. Gershengorn represents, for example, Fannie Mae in its suit against its former auditor in connection with Fannie Mae's restatements of its financial statements. He also represented copyright holders in their copyright infringement litigation against Grokster, Ltd. Mr. Gershengorn also represented WorldCom Inc., in congressional investigations, in investigations by the United States Securities and Exchange Commission, in merger filings at the Department of Justice, and in commercial litigation. He has also represented the National Association of Broadcasters before the Federal Communications Commission in issues including the constitutionality of mandatory cable carriage for the signals of broadcasters, and has represented NextWave Telecom Inc. in a variety of regulatory proceedings before the FCC.

Before coming to Jenner & Block in 1997, Mr. Gershengorn served for two years in the U.S. Department of Justice, first as Special Assistant and Counsel to Deputy Attorney General Jamie S. Gorelick, and then as Assistant to Attorney General Janet Reno. At the Justice Department, Mr. Gershengorn worked on a variety of civil and civil rights matters, and also coordinated the Department's responses to the Judicial Conference of the United States, the American Bar Association, and other organizations on rules-related issues.

Mr. Gershengorn is the author of "Lingering Uncertainty," National Law Journal (Aug. 3, 2005) (re

Re:Lawyers represent their clients

[Anonymous Coward]

Defense lawyers are immune from criticism for exactly the reasons you stated.

Prosecutors are the scum of the earth and deserve to be associated with their client in every way. These guys aren't prosecutors, they are civil suit plaintiffs. Attack dogs. Far worse than prosecutors.

There's more than one kind of lawyer, and these are the worst kind.

Re:Cut off the money supply

[Anonymous Coward]

I emailed a band about that once. They told me to do so was a violation of their contract. I'd love to be able to send 20 bucks to the artist but unfortunately (at least for them), it would be illegal. Too bad.

Re:Lawyers represent their clients

[NewYorkCountryLawyer]

Hmm... maybe Obama is actually pro-P2P, and he's hiring all of the RIAA's lawyers away from them, so they'll fail in court?

Well they're already failing in court.

But you may have a point there. The 6 RIAA lawyers who are now in the DOJ are legally recused from working on any matters involving the RIAA, EMI, Vivendi Universal, SONY BMG, or Warner Bros Records or any of their affiliates. So by appointing them to DOJ, perhaps he's taken the DOJ -- which has recently acted like a fawning toady of the RIAA -- out of the game. The 2 briefs the Obama DOJ has filed in RIAA cases, in SONY BMG Music Entertainment v. Tenenbaum [blogspot.com] and SONY BMG Music Entertainment v. Cloud [blogspot.com] read like they were drafted by the proverbial monkeys let loose in a room of typewriters. When the judges actually read the cases the briefs cited, and the authorities they deliberated failed to cite, they will be appalled that our nation's legal department could be so irresponsible.

Re:Cut off the money supply

[h3llfish]

One way to cut the RIAA out of the mix while still supporting your favorite artist is to just buy their t-shirt. Many artists retain merchandising rights, so the record company sees none of this money. Or, if they did manage to con the artist into giving up these rights, the artist will still probably see a lot bigger chunk of change than if you had bought the CD. You don't have to wear the shirt if you don't want to. You could always use it to wipe up your spills!

Re:Cut off the money supply

[BoberFett]

For every band who gets "rich" due to the record labels there are dozens who are poorer than when they started with the label.

It's a cliche at this point but http://www.negativland.com/albini.html [negativland.com]