RIAA: Pay as we say, not as we do
Recording Ass. is sue-happy - not follow-through happy
While the legal arm of the Recording Industry Association of America is lightning fast to attack at the slightest inkling of copyright infringement — justified or not — it appears the arm which holds the organization's billfold isn't nearly so quick on the draw.
In the case of Capitol v. Foster, where the RIAA was ordered to pay $68,585.23 in attorney fees and costs after unsuccessfully suing over copyright infringement, Deborah Foster has yet to receive payment.
Despite the judge's ruling, laid down a month ago, Deborah Foster hasn't heard back from the RIAA, much less received any money, prompting her to file a motion of judgment against the organization. The complaint was filed in the US district court of Oklahoma yesterday.
El Reg's legal hack, Burke Hansen, explains the filing: "The motion is a legal formality that allows the victor to begin collections proceedings and forces the losing party to decide whether to appeal or not."
The motion asks that Foster immediately receive post-judgment collection proceedings, including the registration of the judgment in federal court for a hearing on assets. The document goes on to say that Foster contacted the RIAA's legal counsel by email on August 11, inquiring about payment, but hasn't received a response.
Maybe they're too busy cooking up perfectly reasonable tactics to catch copyright infringers such as impersonating a 10-year-old girl's grandmother on the phone? ®
There are no Spitzer's left
Nowadays, we only have the Gonzales type - the one that condones torture. With that kind of prosecution, it'll be the 10-year old girl or the 60-year-old grandmother that'll get the bug gun, not the RIAA.
Remember : the RIAA is just doing the same thing as Halliburton or Diebold - it's putting its weight where it can - against the simple, defenseless citizen. The whole Justice Department is supposed to be there to defend the citizen, but said Department is much too busy with the whole-guilty-until-proven-innocent thing to bother. But don't worry, soon the whole country will have torture as part of the regular police interrogation techniques and answers WILL be found.
What they will do is file a motion to enforce, then a motion to put a lean against any real property. You can go directly after the bank account or force the sale of real property. :)
Although not particularly damaging for corporations backing the RIAA, the judgment might affect the legal team they've hired.
Because the recording industry almost certainly self-finances the RIAA, having bad credit isn't going to do much harm. The recording industry corporates themselves will be completely unaffected by it.
The legal team on the other hand may be included in the judgment, and could find it tricky getting financing until they've paid it off. If they have company credit cards they might also have their rates jacked up - but that's not very likely. The credit card companies probably need them more than they need the credit.
Judgments can be quite nasty to everyday people or small to medium businesses - unfortunately when you're talking about companies with the backing of the recording industry, I reckon the best she can hope for is they'll send a check quickly to avoid more bad publicity.