| reply to pnh102
Re: Gasping For Money said by pnh102:It is 100% legal. Any person or entity in the USA can legally sue anyone else for any reason, regardless of merit. Of course, such lawsuits can be declared frivolous or can be dismissed outright, but the burden of proof is on the defendant to prove that he/she is not liable. Of course, that means "lawyering up" and spending tons of money to defend oneself in court. Someone else said this once, and it applies here perfectly... There's a reason it is called the "legal system" and not the "justice system." Well, in that case, it would be perfectly legal for me to sue the ISP or a university that decides to give my info up to the RIAA without a subpoena or a court order. If they are so smart to just pony up my info to a private party without my consent, then let THEM pay whatever that party thinks I owe them.
If there is a subpoena and they must cooperate with authorities, then I understand that they have no choice but to give the info up. But if they give it up just because someone says so, they better be prepared to be taken to the cleaners by me.
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| said by Pirate515:Well, in that case, it would be perfectly legal for me to sue the ISP or a university that decides to give my info up to the RIAA without a subpoena or a court order. You are right. But can you afford to pay for an attorney willing to take on an ISP or University. Unless you can interest the ACLU or some other organization that will do it for free, you better be pretty rich to afford the lawyer fees.
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| said by fAcEtIOUs:But can you afford to pay for an attorney willing to take on an ISP or University. Or you can represent yourself pro se.
In any case, you are NOT required to have an attorney in order to pursue or defend against a lawsuit. The Clerk of the Court is required (at least according to the current statutes of the 50 states) to advise you of the procedures and forms required in a court of law. You may peruse the Federal Rules of Civil Procedure and the state equivalents at your leisure. The law libraries in the courthouses of the land are open to the public.
Will people actually take the time and effort to learn this stuff? No, not unless they're going to make a buck off of it. This leads to much amusement when you realize that the very system that runs the life of the nation is ignored, seen as boring, and considered to be something only attornies and legislators have access to. |
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 manfmmdPremium
join:2003-01-14
Earth, TX | "A lawyer who represents himself has a fool for a client." |
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 vpokoPremium
join:2003-07-03
Boston, MA | said by manfmmd:"A lawyer who represents himself has a fool for a client." Then I guess laywers should find other lawyers to represent them, but for everyone else who finds lawyers too expensive, and are willing to do the legwork, it might be the only choice. |
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 ThalerPremium
join:2004-02-02
Los Angeles, CA
kudos:3
 ·DSL EXTREME
| said by vpoko:Then I guess laywers should find other lawyers to represent them, but for everyone else who finds lawyers too expensive, and are willing to do the legwork, it might be the only choice. If you've never seen court, yes, lawyers do hire lawyers for serious cases filed against them. Then again, if it's a clear fly-by-night baseless suit, then a lawyer might just be their own represenation to dismiss a clearly frivolous suit. |
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