RIAA Agrees To Settlement, Then Asks For Twice As Much

from the anything-they-can-get-away-with dept

Ray Beckermann is, once again, highlighting some highly questionable activities by the RIAA, noting that after getting defendants to agree to a settlement amount, the RIAA sometimes immediately asks for double the agreed upon amount, and submits that proposal to the court. It’s unclear how widely this is happening, but at least in one case, it’s good to hear that a judge has prevented the RIAA from getting away with this practice by denying the agreement, noting the different sum than the one agreed to by the parties:

Judge Nancy Gertner: ELECTRONIC ORDER entered re Stipulation To Judgment and Permanent Injunction filed by All Plaintiffs as to defendant LaShaana Straw. “The parties’ Stipulation to Judgment is DENIED. Plaintiffs request that the Court approve a Stipulation requiring the Defendant to pay $10,700, yet state in their Response that they have agreed to accept half that amount, $5,350, in full satisfaction of the monetary portion of the proposed judgment. The Plaintiffs do not provide any reason for this highly unusual arrangement, and the Court will not approve a stipulation which fails reflect the actual terms of the agreement. The Plaintiffs must present to the Court a proposed judgment which accurately states the amount the Defendant will be required to pay to settle the claims.”

This would be the same judge, by the way, who slammed the RIAA for its questionable legal tactics just a few months ago. You would think that the RIAA would know better than to try to play legal games with Judge Gertner.

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Companies: riaa

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Comments on “RIAA Agrees To Settlement, Then Asks For Twice As Much”

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Anonymous Coward says:

Re: Re:

One day they’ll go too far? Just how do you define too far, dude? You think there’s still a-ways to go before they reach that hypothetical state of ‘too far’, which is when they ought to be nailed hard? What’s wrong with here and now when it comes to utterly, completely obliterating any and all signs of these pricks from the face of the Earth?

Mark Regan (user link) says:

That's Called Bait and Switch "Settlements"

RIAA Lawyer: But your honor, it says right here that they ADMIT their violation. All we want you to do is order them to pay what they agreed to already in writing, PLUS our attorney fees on top of that. It’s only fair, your honor.

Judge: No, the agreement stands as it is written.

RIAA: But judge, the law only applies to them, not US.

Ray Beckerman (profile) says:


“It’s unclear how widely this is happening”

The RIAA lawyers have told me that they have gotten many defendants to agree to that ‘double judgment’ provision.

I asked them how many of those defendants who agreed to it were represented by counsel.

My recollection is that they never answered that question.

I would not be in the least surprised if they have gotten people to sign off on that; that’s what extortion is.

Mr Big Content says:

This Judge Shouldn't Be Allowed

Any judge that doesn’t instantly get the RIAA’s arguments is obviously incompetent, corrupt or just plain insane, and should be sacked or impeached or whatever the hell it is you do with these rogue mavericks who won’t follow orders and toe the establishment line.

The law is too good for criminals who won’t follow it. If they won’t respect the legal rights of the good guys, then why should we respect theirs? Good guys doing bad to bad guys isn’t bad, it’s good. Lock them up and throw away the law books. There should be more places like Guantanamo Bay, I say!

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