Author Archives: Michael Froomkin

Where Do I Buy a Ticket for the Deposition?

RIAA's second biggest mistake was to sue Tanya Andersen, an innocent single mother, for copyright infringement. Their biggest mistake was to harass her and try to depose her 10-year-old daughter. (And even, allegedly, to call the girl's school posing as her grandmother!)

RIIA was forced to dismiss its case against Ms. Andersen with prejudice, although the counter-claims remain to be heard. And now those counter-claims are being bulked up with a new complaint, which basically charges BMG and two other record companies, the Recording Industry of America (RIAA), and two of their lawsuit minions, Media Sentry and the “Settlement Support Center” of basically running a rip-off operation, with formal counts including negligence, fraud, abuse of process, malicious prosecution, intentional infliction of emotional distress, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright laws, trespass to chattels (!), violations of the Computer Fraud and Abuse Act, and of course state and federal RICO claims.

The best part will surely be the depositions in which various record company execs and RIAA honchos and goons are asked whether they understood the nature of the fishing expedition cum intimidation racket they had cranked up. And being smart, some of them must surely have known. (The others will be mere knaves.) If they could sell seats, this could be the hottest ticket in town.

As it is, we'll have to make do with the transcripts.

(spotted via Groklaw)

Posted in Law: Copyright and DMCA | 1 Comment

Judge Glenn Greenwald’s New Book By Its Cover

51TuynJB29L._AA240_-1.jpg I can tell that Glenn Greenwald's new book, A Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency, is good without even opening it.

First, it has his name on the cover, and his blog is great.

Second, it has a big blurb from my brother on the back: “Glenn Greenwald has emerged as one of the nation’s most incisive and articulate exponents of the critique of the Bush Administration. In admirably clear prose and with the ferocity of a former litigator, he is day in and day out building a powerful case against an undeniably consequential and radical presidency.”

But if you must look inside, there's a an excerpt online.

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Posted in Readings | 1 Comment

Did I Miss Nothing?

I'm back, I'm almost over jet lag, and almost caught up with the news, but not with all the things that piled up while I was away. Fortunately, Patrick has agreed to do a few more guest posts as and when the Supreme Court issues its final decisions of the regular term.

It appears that nothing changed while I was away. Notably:

  • The war continues, and the Congress continues to enable it.
  • Alberto Gonzales is still Attorney General… although most of the senior people working for him are quitting either in disgust or (in the case of henchpeople) in fear.
  • There are near-daily revelations about US misdeeds regarding legal or physical treatment of prisoners in Iraq, or in Guantanamo or in secret CIA prisons, or regarding the coverup of same.
  • The Republican primary field appears as hapless as ever.

Or did I miss something?

Posted in Politics: US: GW Bush Scandals | 2 Comments

Dept. of “Huh?”

US House votes to deny all aid to Saudi Arabia (AFP)

We give aid to Saudi Arabia???? A tiny nation awash with petrodollars?

While oil-rich Saudi Arabia has never been a large recipient of US aid, the Bush administration channeled a total of more than 2.5 million dollars to the kingdom in fiscal 2005 and 2006 as part of their partnership in the war on terror, congressional officials said.

Oh. OK. It's walking around money.

Posted in Politics: International | 3 Comments

Cross One Off The List

I'm Sorry I Read It: James Grimmelmann reads Chambermaid — the supposed roman à clef by a former law clerk to Third Circuit Judge Dolores Sloviter — so you don't have to.

Posted in Kultcha | Comments Off on Cross One Off The List

Long Journey Home

Flying from Istanbul to Manchester today; long frequent-flier-ticket layover until tomorrow's flight to Boston, followed by long frequent-flier-ticket layover until evening flight to Miami. Many chances to lose luggage.

This is a fascinating city, but it feels like what we saved on the tickets we pumped into the Turkish economy in other ways.

Posted in Personal | Comments Off on Long Journey Home