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| | Wow, this is insane "It is just as wrong as shoplifting from a local record store"
Umm, NO, the supreme court said that copyright infringement is NOT THE SAME as shoplifting.
'If you’ve been sued, it is because you have been identified as uploading or downloading copyrighted music without authorization."
Prove it Assholes.
"Should I hire a lawyer?
Whether or not to hire a lawyer is entirely up to you."
Umm, you are attempting to extort money from me, of COURSE I should hire a lawyer.
"Can I avoid this lawsuit if I immediately delete the illegal music and file-trafficking service from my computer?
No. Furthermore, once litigation becomes a possibility, deleting music files or the P2P service from your computer would violate your obligation to preserve evidence. "
Haha, dumbasses, you need to PROVE it was me. If I choose to wipe my hard drive, you have NO RECOURSE. | |
|   ThalerPremium
join:2004-02-02
Los Angeles, CA
kudos:3
 ·DSL EXTREME
| Re: Wow, this is insane said by karlmarx:No. Furthermore, once litigation becomes a possibility, deleting music files or the P2P service from your computer would violate your obligation to preserve evidence. Wouldn't they need to actually serve and take you to court in order to command "preservation of evidence"? I mean, since this is a total out-of-court extortion service, what's to prevent someone from formatting the drive before they are served officially? | |
| | | | Re: Wow, this is insane said by Thaler:said by karlmarx:No. Furthermore, once litigation becomes a possibility, deleting music files or the P2P service from your computer would violate your obligation to preserve evidence. Wouldn't they need to actually serve and take you to court in order to command "preservation of evidence"? I mean, since this is a total out-of-court extortion service, what's to prevent someone from formatting the drive before they are served officially? No, »www.quazen.com/Computers/Interne···ence.994 | |
| | | ThalerPremium
join:2004-02-02
Los Angeles, CA
kudos:3 Reviews:
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| Re: Wow, this is insane In that story, the woman was served AND THEN formatted her hard drive. These RIAA "we see you" letters carry no legal weight status to them. It looks as though her suit went to the next step, was served, and then decided to destroy evidence she was asked by the court to preserve.
Again, since these notices are out-of-court and have no legal bearing, what's to stop folks from formatting at the first sign, before they're required to preserve evidence? Sure, it looks fishy, but since there wasn't a legal requirement to preserve your files, its again up to RIAA to prove that the files were on the now-formatted hardware. | |
| | | | | | Re: Wow, this is insane Let me explain it real slow:
If you are made aware of possible legal action, you cannot destroy evidence pertaining to that possible legal action.
Lawyers have gotten disbarred for that. Default judgements also get awarded for that. You can get sanctioned by the court (fine). You can get cited for obstruction of justice (criminal cases). | |
| | | | | | | Re: Wow, this is insane Let ME make you aware. The letter is NOT legal action. They are attempting to extort money from you. They have NOT pursued a 'legal action' against you if you have gotten a letter. If you got a letter from the court, then yes, you 'may' be liable. If you get a threatening letter? NO! The letter has ZERO force of law behind it. | |
| | | | | ThalerPremium
join:2004-02-02
Los Angeles, CA
kudos:3 Reviews:
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| said by kyramilan:Let me explain it real slow: If you are made aware of possible legal action, you cannot destroy evidence pertaining to that possible legal action. So...by that logic, I could verbally threaten to sue someone over damages caused by their car, and by that verbal threat, their using their car constitutes as tampering with evidence?
Hardly. The people RIAA is sending letters have NOT been served with legal action. This is their company threatening to take you to court...but haven't filed any motion with said court yet (and banking that you'll just pay the $1k "settlement" fee). Are you honestly saying that people should stop using/touching/etc. property they own, simply because any John Doe has started spouting about potential legal action against you? | |
| | | | | | | said by kyramilan:Let me explain it real slow: If you are made aware of possible legal action, you cannot destroy evidence pertaining to that possible legal action. Lawyers have gotten disbarred for that. Default judgements also get awarded for that. You can get sanctioned by the court (fine). You can get cited for obstruction of justice (criminal cases). First, they have to prove that you formatted not only a hard drive, but THE hard drive that the alleged infringing material was on. They can't even PROVE that you had any infringing material, much less what hard drive it was on. Hard drives crash and even fail all the time. Suppose you had bought a new drive and re-used the old one in another PC, gave it away, or sold it between the time the alleged offense took place and the time you received the letter. The bottom line is they have NO proof of any of their allegations. That's why those who stick to their guns and fight back end up with the RIAA dropping the case, and now are even starting to get their legal fees paid by the RIAA...
(As someone in the RR forum said, "hell, I reformat my hard drive every couple of weeks.") | |
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|  Doctor FourMy other vehicle is a TARDISPremium
join:2000-09-05
Dallas, TX | Their site is full of half-truths and mis/dis-information.
It seems to be a rehash of the Clean Slate program that
they tried to roll out when they began "suing" p2p users.
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"The trouble with computers, of course, is that they are very sophisticated idiots." - Doctor Who (from Robot) | |
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