Please, do not declare that the federal judiciary has no power to stop the RIAA's abuse. The federal court and its presiding judge need not be helpless to resist.I don't even know whether Judge Gertner will even read this brief. I know of no provision in the rules for such a post-hearing memorandum, and in my experience, judges don't want additional briefing unless they specifically ask for it.
Team Tenenbaum is in a particularly civil mood these days. They say "please" to the judge -- and they even flirt with opposing counsel through their web site:
“Daniel Cloherty is like Matthew McConaughey of the legal world,” Joel whispers. Cloherty is one of the plaintiff lawyers. It’s such a shame that someone so good-looking has to be on the other side.I wasn't in Boston for the hearing, but I can only assume Cloherty was wearing more clothes than his stunt double...
(h/t Recording Industry vs. The People)