The RIAA has scared away most of the defendants against which it has filed copyright infringement suits. But one single mother in New York State, Patricia Santangelo, plans to fight the suit, rather than cave a pay a several thousand dollar settlement, because, she contends, she didn’t download music via Kazaa, as the RIAA contends.
Judge Colleen McMahon of the U.S. District Court for the Southern District of New York seems to be on Santangelo’s side. According to a transcript of a hearing held in the case, Judge McMahon made clear she doesn’t like the tactics of the RIAA. Santangelo is representing herself because she can’t afford a lawyer. Judge McMahon said:
Okay. Well, I think it would be a really good idea for you to get a lawyer, because I would love to see a mom fighting one of these.
Later an attorney for the RIAA suggested that Santangelo go to RIAA’s “conference center” to resolve the dispute.
MR. MASCHIO: No, all I was suggesting, your Honor, is that, if she doesn’t come with an attorney, that the more direct way of doing this — and this is just to facilitate things — is to deal directly with the conference center.
THE COURT: Not once you’ve filed an action in my court.
MR. MASCHIO: Okay.
THE COURT: You file an action in my court, your conference center is out of it. They have nothing to do with anything.
MR. MASCHIO: Okay. I’ll give her my card.
THE COURT: If you are here, you are here as an officer of the court. You’re taking up my time and cluttering up my calendar, so you will do it in the context of the Court. Maybe it will be with a magistrate judge, but you will be representing your client, not some conference center. And if your people want things to be done through the conference center, tell them not to bring lawsuits.
(Courtesy of Mike Godwin via Boing Boing.)
Cynthia Brumfield at 8:33 PM|Comments(0)
Blogs We Read
