 elwoodbluesElwood BluesPremium
join:2006-08-30
HarperLand
 ·Cybersurf Intern..
| reply to calvoiper
Re: Wow said by calvoiper:said by djtim21:...Somehow this isn't legal, but yet the *IAA's get away with it. ...and here I thought the downloading without royalty payment part was the illegal stuff.... calvoiper It's not a matter of legal or Illegal. There are many cases of false accusations, going after dead people etc.
The bottom line, is you are entitled to your day in court and the RIAA has no right to come after you and offer a pre-decision settlement. |
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 calvoiper
join:2003-03-31
Belvedere Tiburon, CA | Whether or not they have a right to come after you for downloading depends on the facts. They certainly have the right to offer you a pre-litigation settlement, which you certainly don't have to accept.
Saying they should be prohibited from offering you a settlement only reduces your own options. Why would you want to reduce options available?
calvoiper
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VoIP--the death knell of remaining voice monopolies! |
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Ahrenl
join:2004-10-26
North Andover, MA | There are two issues with it:
First, is the discovery/investigatory process being executed without a court warrant. I believe there is some law that they bought, that's never been tested in a courtroom mind you, that is protecting them there.
Secondly, there is the disinvolvment of the legal system in its entirety, and the fact that they're essentially offering you legal advice from an non bar-holding representative. Now I haven't seen the site, but if it doesn't make it abundantly clear that you should have your legal counsel going through the process for/with you, then it's clearly predatory.. |
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calvoiper
join:2003-03-31
Belvedere Tiburon, CA | First, you are deliberately confusing "discovery" (a court process) and "investigatory" (a pre-court process.) Anyone is entitled to "investigate" believed thefts without going to court first. If you run a business and you think someone is stealing from you, you may, for example, install video cameras or ask around about who is selling your stuff before ever considering court.
Second, the court system encourages pre-litigation settlement of claims. The court system recognizes it is a very expensive process and people would like to avoid it. Certainly, no person has an obligation to settle pre-court, but they may save money and legal expenses by doing so. They are also free to pass on such a settlement. No private party is under an obligation here to tell you to hire a lawyer.
You may not like the current laws enforcing copyrights (and I don't in some ways, either) but let's cool the rhetoric just a bit. The xyAAs have offered a settlement process. You are free to decline it. It's a CHOICE. Why deprive someone of a CHOICE?
calvoiper
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VoIP--the death knell of remaining voice monopolies! |
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