[FC-discuss] Will Dept. of Justice Officials from the RIAA Recuse Themselves from Influencing RIAA Cases?

[FreeCulture.org - Students for Free Culture]

Writes Kevin Donovan on our blog:

Ray Beckerman, the tireless attorney behind the Recording Industry vs.
the People blog, has noted that the Obama Department of Justice has
filed paperwork indicating that [it may intervene to defend the
Constitutionality of the huge statutory copyright damages being tested
in the case][1] (Sony BMG Entertainment Media v. Cloud).

Ray writes,

> _Procedurally, this will test whether President Obama's announced
policies against members of his administration participating in matters
in which they were previously involved will be applied, since partners
from Jenner and Block -- the architects of the RIAA's mass litigation
campaign -- now occupy the [second][2] and [third][3] highest positions
in the new administration's Department of Justice. According to the
President's announced policies, they should be recused from this case.

>

> Substantively, this will also be an interesting test of whether the
Obama administration is going to live up to the President's pledge to
stand up for the people, rather than for the big corporations._

Ray encourages everyone to contact President Obama urging him not to
intervene in the case. The [White House contact information][4][ is
here][4] and below is the quick note I submitted. Please do the same!

> President Obama's Department of Justice recent filed papers indicating
that it may intervene in a current private dispute in Pennsylvania (Sony
BMG Entertainment Media vs. Cloud). The case involved the
Constitutionality of the statutory damages awarded in copyright
infringment cases (which are thousands of times the size of the actual
damage).

>

> This development is worrying because two of the top officials in the
Department of Justice (Thomas Perrelli and Don Verrilli), were
previously employed as private attorneys for Song BMG and the Recording
Industry Association of America (RIAA). As you know, President Obama has
promised to prohibit members of his administration from participating in
matters in which they previously participated. I am writing to
discourage the DoJ from intervening in the case and to inquire as to how
Mr. Perrelli and Mr. Verrilli will recuse themselves from a decisions
involving the RIAA and this particular case.

>

> Thank you and I look forward to your response.

   [1]: http://recordingindustryvspeople.blogspot.com/2009_02_01_archive
.html#3740819580442231395

   [2]: http://recordingindustryvspeople.blogspot.com/2009_01_01_archive
.html#7970909384669665930

   [3]: http://recordingindustryvspeople.blogspot.com/2009_02_01_archive
.html#7314713885994555647

   [4]: http://www.whitehouse.gov/contact/

URL: http://freeculture.org/blog/2009/02/17/will-dept-of-justice-officials-from-the-riaa-recuse-themselves-from-influencing-riaa-cases/