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RIAA Wants to Depose Dead Defendant's Children

Posted by CmdrTaco on Mon Aug 14, 2006 02:44 AM
from the stuff-you-can't-believe dept.
Exchange writes "In Michigan, in Warner Bros. v. Scantlebury, after learning that the defendant had passed away, the RIAA made a motion to stay the case for 60 days in order to allow the family time to "grieve", after which time they want to start taking depositions of the late Mr. Scantlebury's children. Recording Industry vs The People have more details"
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[+] RIAA Ends Harassment of Grieving Family 256 comments
denebian devil writes "According to Cory Doctorow at Boingboing, the RIAA has dropped its case against the family of a dead man. 'Today, an RIAA spokesperson, Jonathan Lamy, contacted me today with this statement: Our hearts go out to the Scantleberry family for their loss. We had decided to temporarily suspend the productive settlement discussions we were having with the family. Mr. Scantleberry had admitted that the infringer was his stepson, and we were in the process settling with him shortly before his passing. Out of an abundance of sensitivity, we have elected to drop this particular case.'"
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  • Why? (Score:5, Insightful)

    by vinividivici (919782) on Monday August 14 2006, @02:47AM (#15901046) Homepage
    The RIAA needs to lay off of the dead guy's kids. Seriously. He's DEAD, RIAA. What else could you want? A cookie?
  • by Anonymous Coward on Monday August 14 2006, @02:48AM (#15901047)
    In Michigan, in Warner Bros. v. Scantlebury, after learning that the defendant had passed away, the RIAA made a motion to stay the case for 60 days in order to allow the family time to "grieve", after which time they want to start taking depositions of the late Mr. Scantlebury's children.
    These lawyers get softer every day! Pretty soon they're going to stop suing people for every penny they have and settle for only every nickel!
      • Re:Grieving Time? (Score:5, Informative)

        by Adhemar (679794) on Monday August 14 2006, @04:14AM (#15901244)
        Also I love how the word "grieve" is in inverted commas, as if the OP questions on whether or not the children will actually grieve.
        From Plaintiffs' Motion to Stay Case and to Extend All Deadlines [ilrweb.com]:
        Plaintiffs therefore request a stay of 60 days to allow the family additional time to grieve.
        Notice how in Plaintiffs' documents, the word "grieve" has not been put in inverted commas, or any other sort of quotation marks.
        • Re:Grieving Time? (Score:5, Insightful)

          by aussie_a (778472) on Monday August 14 2006, @03:27AM (#15901149) Journal
          Generally speaking, it is respectful to give the family some time. And realistically court cases before do need to be brought before a judge before someone has finished grieving properly.

          However that isn't taking into account that this should have been dropped the second the guy did. The fact that the RIAA is continuing negates any "gestures" they might make.
  • Are their lawyers salaried so that they can afford to go after the estate of a dead victim?

    There ought to be a law against that. (Salaried lawyers, that is. There's already laws against extortion.)
  • He'd be perfect as the young RIAA lawyer saying the line: "I sue dead people."

    Thanks, I'll be here all night, please try the fish, it's great tonight.
  • by drakyri (727902) on Monday August 14 2006, @02:59AM (#15901080)
    Army Attorney General Joseph Welch to Senator Joseph McCarthy, 6/9/54:

    "Let us not assassinate this lad further, senator. You've done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?"
  • by freedom_india (780002) on Monday August 14 2006, @03:03AM (#15901093) Homepage Journal
    The dead person's family should get Ken Lay's lawyers to argue on their behalf that the case ought to be dismissed because there was no punishment awarded or conviction.

    Surely, if Ken Lay could get himself acquitted on technical grounds, then this poor guy should also be.

  • by foreverdisillusioned (763799) on Monday August 14 2006, @03:06AM (#15901100) Journal
    Seriously. Why aren't the major news outlets making a big deal out of shit like this?
    • by EvilMonkeySlayer (826044) on Monday August 14 2006, @03:22AM (#15901141) Journal
      Because in the USA the big media companies own all the news organisations.

      Over here in the UK the only channel i've seen question the recording industries actions has been the BBC, but that's because they're required to be neutral in such things and the fact they aren't owned by any big media companies helps.
  • Yuck... (Score:5, Insightful)

    by Jugalator (259273) on Monday August 14 2006, @03:09AM (#15901109) Journal
    Do they want a part of your ashes after cremation too? :-p

    RIAA's actions consistently shows the world some corporations show absolutely no emotions. RIAA is ready to walk over corpses, quite literally, to cash in what's to them a ridiculous sum of money. I wonder what's more scary -- this action alone, or the fact that actual people make these decisions.
    • Re:Yuck... (Score:5, Interesting)

      by Don_dumb (927108) on Monday August 14 2006, @03:32AM (#15901167)
      the fact that actual people make these decisions
      That's what amazes me all the time I hear of terrible acts, particularly corporate ones and you think to yourself "someone must have actually decided to do this", even worse a group of 'respected' people must have agreed on this. Perhaps it is just my middle-class upbringing but I always struggle to believe that actually at some point a director just says "I know, lets extract millions from the pension fund" or like today "The guy died but his death shouldn't stop us, he should have life insurance".
      And yet somehow the outrage only seems to be restricted to certain areas like /. I know there is a war going on but I have just looked at the BBC website and cant see the story yet. Just like the Sony Rookit scandal, I cant help thinking that the opposition to the RIAA/MPAA has to start using more effective propaganda campaigns to get public awareness.
  • by edward.virtually@pob (6854) on Monday August 14 2006, @03:17AM (#15901127)
    "The first thing we do, let's kill all the lawyers." -- Henry VI (Part 2), Act IV, Scene II.

    Expecting morality from an amoral organization or its lawyers leads to disappointment. The RIAA exists to maximize profit without concern for anything else be it fair play, Fair Rights or human decency. One has to wonder just what kind of person would work as a lawyer for the RIAA, since they must know as does anyone who's been following along on Slashdot that their lawsuits are unfair and an abuse of the legal system by a very powerful organization funded by multinational corporations against comparatively powerless individuals. They must be either atheists or fools to not fear the cost of abusing the bereaved for profit upon their souls. The person is dead. Find an unrelated living person to extort money from and leave the poor grieving family in peace.

    • You realize of course, the context of the "kill the lawyers" quote is that the act of killing all the lawyers would aid in the establishment of a tyrannical reign. In other words, Shakespeare was saying that in some way, there are lawyers who protect freedom.

      True, some lawyers work for the RIAA. By the same token, some programmers make spam software. Most lawyers don't work for the RIAA and many work for people's freedoms. Most programmers don't help spammers, and many actively work against spam. I think you should get the point -- it isn't the profession, it's the individual that goes bad. Fact is, by and large it is "people" who are cruel and vindictive.
  • It's an industry association. It seems their strategy is to go after their targets as aggressively as possible, in order to send out the clear message that they can and will sue regular folks like you and me. They are effectively the "bad cop" while the individual record companies play the "good cop" giving the people the Brittany Spears and Korn they so desperately need.

    You can argue that filesharing is on the rise, or that the RIAA's enforcement actions have cut filesharing, depending on whose facts you use and how you slice them. But in the end the strategy of using the industry association to attack customers, while individual labels try to pretend they play no part in it, probably won't work. In a world where alternatives to label-centric distribution are nonexistent, the labels would be able to make this good cop, bad cop strategy work. But the irony here is that the tighter they squeeze, the more systems will slip through their fingers (apologies to G. Lucas). Sure, there are no "good" big labels to defect to, but there is much more incentive to escape the entire label system altogether.

    I keep waiting for one of the major labels to break ranks and start acting intelligent, giving customers fewer restrictions and defecting from the RIAA. It seems though, that none of them has the guts to do it, so they'll all keep pushing on consumers as hard as they can. The end result of the crackdown will eventually lead to a new business model in which the labels play a small or nonexistent role. Ironic, isn't it?

  • by Battleloser (995141) on Monday August 14 2006, @03:21AM (#15901135)
    The truly sad part about this? It's not surprising at all.
  • by jopet (538074) on Monday August 14 2006, @03:44AM (#15901186) Journal
    Everyone is bitching about the industry, but enough keep buying. Are these people addicted to the crap they sell? And if their practices are really so despisable, why aren't there other companies with better practices getting more and more successful?

    My impression is that people just love to bitch but 99% will end up in a record store and buy the latest copy protected crap anyways. And that is exactly why DRM solutions are more and more becoming an everyday reality too.
    • by Opportunist (166417) on Monday August 14 2006, @03:49AM (#15901203)
      Actually, no. Fewer and fewer people buy. The RIAA, though, THINKS that we're addicts and that we can't live without our fix, so fewer sales must mean that we copy.

      But we don't. We just don't touch that junk. It's like your parents told you, kids, it's bad for you. And not even the first one's free.
  • First reaction (Score:5, Insightful)

    by JanneM (7445) on Monday August 14 2006, @03:46AM (#15901196) Homepage
    My first reaction was, I guess if you've lost the trust of your customers you have nothing to lose.

    But thinking about it, we aren't RIAA:s customers. Nothing any of us do or say will affect RIAA directly. Their customers as it were are the copyright holders, and their business is to maximize return to these people. The copyright holders (usually the recording companies) don't have us as customers either; their customers are radio and television stations and other broadcasters, and retail outlets from Amazon and Wal-Mart to record stores to gasoline stations.

    They provide content produced by artists - and it's the artists we are customers for. We don't go to Amazon to buy the latest Sony Music album, we go to buy AC/DC (or Jessica Simpson, or Luis Armstrong, whatever your taste is).

    It's this disconnect that keeps RIAA in business. We don't connect their actions with our favourite artists. The artists, in turn, have little incentive, and a huge downside, to raising their voice (most are, after all, not big enough to actually influence their company). The recording companies have no incentive to change RIAA's actions from their customers (Amazon et al) since those customers don't feel any backlash from us either.

    The solution? I don't see one. In my case it has gradually soured me on music altogether. I haven't bought a CD in years - but neither have I downloaded anything either. Most people will never make any emotional connection between music and this legal harassment, however, and so RIAA will never have a reason to change.

  • by Opportunist (166417) on Monday August 14 2006, @03:52AM (#15901210)
    Where's now the faction that usually screams "Oh, would someone PLEASE think of the children?" when it comes to ripping away some liberty? How about thinking 'bout them NOW?

    It's been said before, the RIAA doesn't give a rat's rear 'bout public image. Their business partners aren't normal people, their business partners are companies. And companies have no morals. The people in a company may have morals, but morals are easily brushed aside when you have someone else to blame. "I have to do it, or else I get sacked and someone else does it" is the usual comfortable excuse.

    To invoke Godwin, that excuse has worked before. All too perfectly.
    • by kfg (145172) * on Monday August 14 2006, @03:08AM (#15901105)
      RIAA and listeners : till death do us part. . .

      . . .but your estate are belong to us. You have already failed to survive. Set us up the corpse for great justice. We get stay. Make your filing.

      KFG