insomniac84
join:2002-01-03
Schererville, IN | How?
If the guy who died is the one sued, how can they go after the children? I assume the guy who died had the internet account in his name. |
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LaZ3R
Premium
join:2003-01-17
 ·Rogers Hi-Speed
|  Aww!!
That's so nice of you RIAA!!! I really thought wrong of you guys... a 60 day grieving period seems very kind of you! Yay RIAA!!! 
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Life is a game of blackjack. You keep playing until you bust. |
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ctceo
Premium
join:2001-04-26
South Bend, IN
clubs:
 ·magicjack.com
 ·AT&T U-Verse
·Comcast
 ·AT&T Midwest
 ·HughesNet Satellit..
| Simmilar
Probably similar to the means that a company can go after next of kid for unpaid debt in the even of a loss. When either half of a Married couple Pass away the surviving half is responsible for paying the debts, and when that person passes away, next of kin (Legal Guardian, Child or Children (oldest one first) will have to bear the brunt, unless the company is willing to eat the debt.
I had a similar experience when it came to my Grandmother. I had been taking care of her because other family members were not, and when she passed away an estate was formed for which I was deemed executor. When her net worth was subtracted from her debts, the remaining debt in this case was forwarded to me, as I was executor of the estate, and her Legal Guardian when she was sick (a period of 2 years on average is what they consider before any special circumstances can be disregarded).
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Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ | however cant the will override the creditors? ive heard in many cases creditcard companies basicly get "boned" when the debter dies.
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports |
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gh4456
Premium,VIP
join:2004-04-07
Beverly Hills, CA
1 edit | reply to insomniac84
Re: How?
I think it's a longshot. How can a dead person defend themselves? I can see where if they already had a judgement against the person and then they try to collect from the estate, but to be able to obtain judgement after death, I don't see how. I mean, the guy could have had a viable defense, so since he is dead, the children will act as a proxy defendant and not know any of the facts? Doesn't seem legal.
Same scenario, I rob a bank, I die before the trial, and my kids go on trial for the robbery. |
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Enlightener
join:2006-01-28
Cedar Park, TX | reply to ctceo
Re: Simmilar
They are going after his estate. I don't know where you get the idea that next of kin are responsible for a deceased persons debt. Some crooked debt collectors will try to tell you that but it's bunk. |
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gh4456
Premium,VIP
join:2004-04-07
Beverly Hills, CA
| The difference would be if the dead person had a written contract obligating him to a debt, (ie credit cards, car loans, etc..) then probate court could assign assets to the creditors. However in this case, the plantiff has no signed contract and are sueing for damages for copyright infringment. Without it being proven, and now the person dead, I don't see how they have a legal leg to stand on. |
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texans20
Weapons of Masturbation
Premium
join:2002-09-28
Texas!
clubs:
| No more buying CDs for me
Ok, I slipped. The past few years I've been buying CDs of the stuff I really like. However, I can no longer support a greedy organization nor the people who are members of the organization.
I paid $15-20 for the overpriced CDs, and that was ok. They were always allowed to charge what they want, and just because I thought it was overpriced did not give me the right to steal their music. However, no more. No downloading, no buying CDs. I will hear the songs on satellite radio, and that's it.
I just canceled my Napster account, too. This crosses the line. It's a shame, I really enjoyed music. |
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richk_1957
If ..Then..Else
Premium
join:2001-04-11
Minas Tirith
| Don't know about this
I do know that when my uncle died, the hospital came immediately after my aunt for his medical bills. I wasn't involved, so I don't know what happened.
I do know that my father owed the IRS money and was in the process of paying it off when he died. The IRS never came after anyone, or his estate for the remainder of the bill. I think someone had to send them the death certificate, that's all.
So this is a good question. |
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Pete_64
join:2001-12-20
KingstonON
| Its a shame this is what our world is coming too, I live in Canada, and we as of today, can not be prosecuted by the RIAA, or MPAA. They have tried to gain access to our ISP information but As it stands now, There cases have been denied.
I can't imagine living in the USA and wondering when I will be next, but then again, I only download a song here and there, and even though I have 2000 songs ripped, or downloaded to my HD, I don't share any of it which seems to be why they go after people |
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BUYaCLUEfool
@comcast.net
| Here is a clue for the clueless...
Violation of law is a crime regardless of the RIAA bashing that goes on daily at many IT websites.
If you chose to Pirate then you get to spend time in jail like any other common criminal. The RIAA and the judicial system have no obligation to give you special treatment due to a death in the family but obviously in this case they are extending consideration.
Bashing the RIAA is NOT going to change copyright laws or the penalties for theft. In fact the more publicity Piracy gets the more law makers are inclined to increase the penalties for Piracy.
The message should be obvious: Don't steal unless you want to be heavily fined and go to jail. |
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canuck999999
join:2004-04-19
·MTS
| reply to texans20
Re: No more buying CDs for me
Don't hate all music, I am sure there are some worthy independent artists who aren't affiliated with the RIAA that you can support.
But on a serious note, with all of the times the RIAA has shot itself in the foot with these lawsuits how are they still standing? |
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mazhurg
Premium
join:2004-05-02
Portage La Prairie, MB | reply to BUYaCLUEfool
Re: Here is a clue for the clueless...
Taylor, is that you? |
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batterup
I Can Not Tell A Lie.
Premium
join:2003-02-06
Netcong, NJ
clubs: | Has a case actually been tried?
Has the RIAA actually taken a case to trial? I know that they offer to settle for a few thousand dollars and the people usually settle. |
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Orwell1984
@rr.com | reply to BUYaCLUEfool
Re: Here is a clue for the clueless...
Thank you for your humorous post. I really enjoy your parodies of the other side of the argument. The way you turn reality around backwards is absolutely hilarious. |
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gatzdon
join:2002-10-25
Lake Zurich, IL
| This has got to be inadmissible
At the end of the motion, they state
The undersigned hereby certifies that on August 1, 2006, a copy of the foregoing MOTION TO STAY CASE AND TO EXTEND ALL DEADLINES was served upon the Defendant via United States Mail at the following address: How can a court accept such a statement when in the same document, the plaintiff admits knowing that the person receiving the notice is already deceased. |
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Desdinova
join:2003-01-26
Gaithersburg, MD | reply to gatzdon
Re: This has got to be inadmissible
"...person receiving the notice is already deceased."
Then again if they can still receive mail AFTER dying, maybe they can perform other miracles also! *grin* |
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tyyutjgukb6876y786ny
@cox.net | riaa sucks
riaa sucks
fuck them bastards goin after dead people children
all i buy are 50 packs of memorex blank cds |
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Dagda1175
join:2001-06-17
Goleta, CA
·Cox HSI
| Many debts are like this
Family is responsible for payment on most debts after you die. Just because you think youre right in stealing the stuff in the first place, does not mean that any civil action will go away in a magical puff of smoke when you die. |
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