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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gh4456
Premium,VIP
join:2004-04-07
Beverly Hills, CA
1 edit | 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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GlennAllen
join:2002-11-17
Richmond, VA | reply to insomniac84
Two things no one has ever accused the RIAA and their lawyers of having:
1) Common sense, or any sense for that matter
2) Compassion
Condolences to the family of the deceased. |
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Dustyn
Premium
join:2003-02-26
Ontario, CAN
|  reply to insomniac84
Borg
"We are borg, you will be assimilated. We will add you're biological and technological distinctiveness to our own. Resistance... is futile."
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»/forum/wall |
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81399672
Premium
join:2006-05-17
Los Angeles, CA
| reply to insomniac84
Re: How?
said by insomniac84  :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. they can't, but they can sue the estate. If estate is poor or has zero then riaa is just waisting its time. |
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GOLFnSUN
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ
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| reply to insomniac84
said by insomniac84 :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. Civil Lawsuits can go after a dead person's estate. Also, based on dead person's previous statements, other family members can be sued as well. Lawsuits against estates are std practice in civil law.
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Pirate515
Premium
join:2001-01-22
Brooklyn, NY
|  reply to Dustyn
Re: Borg
said by Dustyn :
"We are borg, you will be assimilated. We will add you're biological and technological distinctiveness to our own. Resistance... is futile." You forgot one thing:
ALL YOUR BASES ARE BELONG TO US!!!
--
Ask me no questions, and I'll tell you no lies...
A MESSAGE to the RIAA and the MPAA: You shouldn't wound what you can't kill... |
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Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ
| reply to insomniac84
Re: How?
however it must be rough to sue the family of a dead person, best thing the family can do then is demand a jury because many times the jury will side with the family and not the company.
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports |
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LinuxJunkie
join:2005-01-19
Cyberspace
| reply to GlennAllen
Yeah and let's not pretend like the RIAA is giving the family 60 days out of the goodness of their heart. Those bastards are REQUIRED BY LAW to give a person at least 60 days notice of a deposition -- to begin with it's 30 days and on top of that there's an automatatic 30 day extension which, not coincidentally, EQUALS SIXTY DAYS! Trust me, I know from experience. |
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LinuxJunkie
join:2005-01-19
Cyberspace
2 edits | reply to 81399672
Or the RIAA is hoping that the deposition will reveal evidence that it was somebody else who did the "sharing," and that that somebody may still be alive.
OMG don't say the J-word. |
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Orcusomega
@versys.com
| reply to gh4456
The fact of the matter is that they can sue the estate for the penalties that would have been levied against the individual before they died since the "offense" occurred before he died. His estate would then be responsible to cover any legal fees and penalties that the living person would have otherwise paid. To add insult to injury, unless the executor of the estate declares the estate insolvent (and he/she needs to prove it), they would have to sell the objects otherwise granted as inheritance, as well as plundering any savings that person may have had...
Bob |
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