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The Courts

Florida Judge Smacks Down RIAA 301

NewYorkCountryLawyer writes "The RIAA is going to have to face the music in Tampa, Florida, and answer the charges of extortion, trespass, conspiracy, unlicensed investigation, and computer fraud and abuse that have been leveled against them there. And the judge delivered his ruling against them in in pretty unceremonious fashion — receiving their dismissal motion last night, and denying the motion this morning. The RIAA's unvarying M.O., when hit with counterclaims, is to make a motion to dismiss them. It did just that in one Tampa case, UMG v. Del Cid, but the judge upheld 5 of the 6 counterclaims. The RIAA quickly settled that one. When a new case came up in the same Tampa courthouse before the very same judge, and the same 5 counterclaims were leveled against the record companies, I opined that 'it is highly unlikely that the RIAA will make a motion to dismiss counterclaims,' since I knew they'd be risking sanctions if they did. Well I guess I underestimated the chutzpah — or the propensity for frivolous motion practice — of the RIAA lawyers, as they in essence thumbed their nose at the judge, making the dismissal motion anyway, telling District Judge Richard A. Lazzara that his earlier decision had been wrong. The judge wasted no time telling the record companies that he did not agree (PDF)."

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