Court Appoints Pro Bono Counsel For RIAA Defendant 123
NewYorkCountryLawyer writes "In what could be a turning point in the RIAA's litigation campaign, a Michigan judge has decided to appoint pro bono counsel to represent college student Brittany Kruger, who is being sued by the RIAA in SONY BMG Music Entertainment v. Kruger. As this article points out, 'if other judges follow suit, things will change dramatically.' That is because the RIAA's entire litigation campaign is based upon economic inequality of the litigants: almost none of those sued by the RIAA can afford legal representation, and the RIAA has a huge economic incentive to fight cases to the death, while the defendants have no economic incentive greater than the 'settlement' amount, which they often pay even when entirely innocent. If the courts follow the lead of District Judge Timothy P. Greeley [PDF], and appoint pro bono legal counsel, the RIAA will no longer be able to achieve the easy pickings default judgments and 'settlements' it's routinely obtained in the past."
check http://riaaradar.com too (Score:5, Informative)
Re:Excellent news (Score:3, Informative)
Right, but either you can realistically afford a lawyer or you can't. If paying a lawyer means you won't have enough money for food, I'd say that qualifies as "can't". If there's no specific income requirement, I would assume that it's up to the judge on whether or not you qualify for court-appointed pro bono counsel (I also assume that if you yourself can convince a lawyer to defend you for free, the court has no say in the matter).
Plus these cases are more expensive than they need to be because of the RIAA tactics. They commence cases without proper evidence; they press cases even against people they know to be innocent; they do not withdraw cases until after the defendant has incurred excessive attorneys fees; they stonewall discovery, forcing unnecessary motion practice; they refuse to compromise on anything; they try to keep everything confidential, so it will not be available to lawyers in other cases.