  intellerSociopaths always win.
join:2003-12-08
Tulsa, OK | she really has no choice... the fuckers dropped so they wouldnt have to pay legal fees when they lost. she needs to sue them to cover the legal costs they made her incur. | |
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 |  81399672Premium
join:2006-05-17
Los Angeles, CA
kudos:2 | Re: she really has no choice... they will keep it out of court for years, she will never see a dime
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i am not a lawyer but I do play one on tv | |
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| |  PolarBear03The bear formerly known as aaron8301Premium
join:2005-01-03 | Re: she really has no choice... said by 81399672:they will keep it out of court for years, she will never see a dime Not necessarily. If they (or she) refuses to settle, there is only one way to dispose of the case: in front of a jury. And if her small law firm can't afford to have it drug out, they will make sure they get their day in court.
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A computer lets you make more mistakes faster than any other invention, with the possible exceptions of handguns and Tequilla. -- Mitch Ratcliffe | |
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| | | Time4aNAPPremium
join:2007-04-09
Des Plaines, IL | Re: she really has no choice... said by PolarBear03:And if her small law firm can't afford to have it drug out... That's the thing. The RIAA is prepared to outlast even a well-heeled plaintiff in a siege. It's not a matter of refusing outright. The RIAA's lawyers will waste as much time as possible, nit-picking various points, coming to court "unprepared", anything to get yet another continuance.
That's the way that big business operates when they're the target of litigation. They don't need the best lawyers, or anything like that. All they need to do is stall until the plaintiff goes broke after spending so much time in court. That's time that they will not have to earn a living.
Yes, I know that the lawyers typically work to get a percentage of the award, if there is one. But that's only good for so long. To keep afloat financially, the plaintiff's lawyer will need to take on other cases. And the RIAA's lawyers will know when there are conflicts in the lawyer's schedule, and plan accordingly. Meanwhile the plaintiff will have to spend a lot of days in court, being deposed, and taking care of miscellaneous things that their lawyer cannot or will not handle.
Being a single mom is hard enough. Being a single mom who is still paying legal fees from being sued will probably be stretched to the limit. Having a disability on top of it all makes this a tough battle for her.
Sure she'll get her day in court. There's no doubt about that. It's whether she'll win enough, in time to do her any good. | |
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| | | |  Michieru2zzz zzz zzzPremium
join:2005-01-28
Miami, FL | Re: she really has no choice... The situation could be made simple, refuse the god damn continuance by the jury or the judge himself.
Nobody should be able to drag any case for so long and let the problem resolve itself as being forced to settle or continue the case.
Hell, I want a continuance because I need to scratch my balls.
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Duct tape, saving lives since 1942. | |
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| | | | | 81399672Premium
join:2006-05-17
Los Angeles, CA
kudos:2 | Re: she really has no choice... said by Michieru2:The situation could be made simple, refuse the god damn continuance by the jury or the judge himself. Nobody should be able to drag any case for so long and let the problem resolve itself as being forced to settle or continue the case. Hell, I want a continuance because I need to scratch my balls. judge decides regarding continuance
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i am not a lawyer but I do play one on tv | |
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| | | | | | Michieru2zzz zzz zzzPremium
join:2005-01-28
Miami, FL | Re: she really has no choice... I say make the jury decide if a continuance should be offered.
At least I know if one bastard in that box says no, the continuance can be revoked as it must be agreed upon the jury. I have rather have a few people decide it than just one guy.
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Duct tape, saving lives since 1942. | |
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| | | | | | | Time4aNAPPremium
join:2007-04-09
Des Plaines, IL | Re: she really has no choice... said by Michieru2:I say make the jury decide if a continuance should be offered. First of all, the plaintiff is usually pressured into settling for a bench trial, because jury trials are time consuming (remember that Single Mom needs that time as well) and expensive to the taxpayer. "The jury is never happy about you making them sit through a long trial, and they'll blame you since it's your call. You don't want to go into this with one strike against you already, do you?"
For the most part, the stalling takes place before the trial starts, so if there is a jury, they don't see that part anyway. Not that it matters, because it's not their call. The jury's only job is to find for the plaintiff or the defendant, and (sometimes) to decide the degree of culpability and the amount of the award. The judge alone decides how and when the case proceeds. | |
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| | | |  major marcoRes Firma Mitescere NescitPremium
join:2003-02-13
Stepford, CA | said by Time4aNAP 
[... : The RIAA's lawyers will waste as much time as possible, nit-picking various points, coming to court "unprepared", anything to get yet another continuance. Just an FYI for you, Barnaby - coming to court unprepared does not incline a judge to continue a hearing to a future date. If your atty arrives "unprepared," then it better be because he was just in a horrendous, fiery car wreck and lost 3 limbs as a result.
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The Toll
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| | | | | Time4aNAPPremium
join:2007-04-09
Des Plaines, IL | Re: Lawyers' Excuses You might think that watching TV. But I've sat in many a courtroom where the case was continued for yet another month because an attorney claimed that he hadn't had "sufficient time" for Discovery, to go over the other party's evidence etc., and therefore wasn't prepared to go to trial just yet. And yes, the judges are quite willing to allow such tactics. Like it or not, that's how the real world works. | |
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3 edits | Re: Lawyers' Excuses Agreed. I've witnessed this on several occasions now... and no where better to witness this horror of a justice system we have than the great New London Superior Court. Never heard of it? It's the court that decided the eminent domain issue and made it possible for any developer with a hard-on for your property to steal it right out from underneath you (before it was appealed to the Supreme Court where Divine Judge Sutter upheld it). | |
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| | | | she may not see money, but she potentially has the ability to turn the tide on these pricks. She needs to set up a fund to get the best and brightest. I'd be more than happy to donate!
And even though I don't steal music, I deplore they're tactics! | |
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| | |  peter_mPremium
join:2005-07-13
Canada, QC
2 edits | Re: she really has no choice... It's a worthy cause and I'm sure she will get her day in court. I bet some lawyers will donate their time or expect just a percentage of recovered money. It's a mater of principal at this point and someone will help out if she needs it. I have no doubt the RIAA will play hard ball as they always do and that alone will generate sympathy for her. Not to mention the RIAA's bully tactics, the fact she is a single mother and the fact that it would set a precedent. Setting a precedent is very prestigious for a lawyer. | |
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| | | Cogdis
join:2007-03-26
Floral Park, NY | said by S_engineer:I'd be more than happy to donate! Same here. | |
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| |  shollingPremium
join:2002-02-13
Hemet, CA
kudos:1 | I doubt that they have quite as large an army of lawyers as yours Ylen. Perhaps you could loan them 15 or 20 of your spares? | |
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| | | 81399672Premium
join:2006-05-17
Los Angeles, CA
kudos:2 | Re: she really has no choice... said by sholling:I doubt that they have quite as large an army of lawyers as yours Ylen. Perhaps you could loan them 15 or 20 of your spares? I got only 3 that i regularly use 
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i am not a lawyer but I do play one on tv | |
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| KearnstdElf WizardPremium
join:2002-01-22
Mullica Hill, NJ | the biggest fear for the RIAA atleast imo is this making it to a full jury trial. the RIAA has very bad "faction standing" with the american public atm and guess who makes up the jury....
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports | |
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| |  jester121Premium
join:2003-08-09
Lake Zurich, IL | Re: she really has no choice... I'm pretty sure that anyone who even knows what RIAA stands for would be automatically excluded from the jury. It's not like they're a household name. | |
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|  Lil JonPremium
join:2006-06-26
Cincinnati, OH | said by inteller:the fuckers dropped so they wouldnt have to pay legal fees when they lost. she needs to sue them to cover the legal costs they made her incur. yup. | |
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 RynoThe WandererPremium
join:2001-04-07
Danielsville, PA | Big money Someone must be backing her | |
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| | | | Re: Big money The class-action part might well have legs.
In any case, I hope she gets a lot of those bastards deposed and on the stand. Hangs them out to dry in front of the jury.
Were I her lawyer, I would be considering bringing in Dicky Scruggs. He'd have a field day with the RIAA. | |
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| | | RynoThe WandererPremium
join:2001-04-07
Danielsville, PA Reviews:
 ·Verizon Online DSL
| Re: Big money said by TScheisskopf:In any case, I hope she gets a lot of those bastards deposed and on the stand. Hangs them out to dry in front of the jury. You're making the assumption that they will tell the truth | |
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| | | | | | Re: Big money said by Ryno:said by TScheisskopf:In any case, I hope she gets a lot of those bastards deposed and on the stand. Hangs them out to dry in front of the jury. You're making the assumption that they will tell the truth Well, an old rule of lawyerin' is "never ask a question in court you dan't already know the answer to". I am sure that these lawyers know that one pretty well. Civil suit lawyers are a specialized breed and some of the nastiest pit fighters out there. | |
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| |  Noah VailSon made my AvatarPremium
join:2004-12-10
Lorton, VA
kudos:1
 ·Bright House
 ·Sprint Mobile Br..
| Hmmmm TCH...... I notice you're not addressing the right or wrong of this issue, instead locating and focusing on that instance of this case most likely to lead to failure.
It's almost like you're trying avoid the ethics of suing people in mass in order to achieve certain financial goals.
I'm sure it was just an oversight.
NV | |
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| | | Noah VailSon made my AvatarPremium
join:2004-12-10
Lorton, VA
kudos:1 Reviews:
·Bright House
·Sprint Mobile Br..
1 edit | You missed it Everybody! TCH responded! But he didn't want to humiliate me with a superior arguement, so he discretely IM'd me.
Oh dear.
Well, I'll just IM him back and we'll have our reasoned discussion, privately.
except...that...TCH has blocked incoming IMs; while... he... sends out IMs.
Huh.
It's almost like he's deliberately avoiding a challenge to corporate absolution.
NAH.
I'm sure he'll turn up.
And Post.
And it will be really, really, uh, corporate.
NV
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Abortion: Improves the Gene Pool! | |
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| | | |  JehuPremium
join:2002-09-13
MA
kudos:2 | Re: You missed it Everybody! You need more hobbies. | |
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| ominae
join:2003-05-11
Columbus, OH | If that's true then I say more power to them.
To my knowledge the RIAA has yet to see even one of these cases through to judgement. Hundreds of thousands of threatening letters/suits and not one ever gets to the point of being ruled on by a judge. It's always settled or dropped. That is their strategy: Threaten a lawsuit in the hopes that someone will pay, and if they actually have the cojones to fight it then drop it before a judge has a chance to rule against the RIAA so they can avoid setting a precedent and derailing the gravy train.
This is blackmail, and I would love to see some Attorney General somewhere get the balls to challenge the RIAA's methods in criminal court.
I don't approve of piracy, I just disapprove of the RIAA's tactics. | |
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|  mfrostyPremium
join:2003-11-05
Crofton, MD | Re: Good Good for her, now if only more people would follow suit and maybe start a class action suit against thses record company jackasses | |
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| | |  Ebolla
join:2005-09-28
Dracut, MA | Re: Good I read through the whole suit.. I was bored.. she actually worked for the Justice Dept. Looks like they did also using RICO, but under her states, not national. | |
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| |  ToadmanHypnotoad
join:2001-11-28
Ohio
kudos:1 | said by mfrosty:Good for her, now if only more people would follow suit and maybe start a class action suit against thses record company jackasses I agree 100%, start a class action, who cares if the lawyers make out, hitting them with $$$ Millions $$$ is where it will count and change their ways! | |
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| | | said by ColorBASIC:I hope she gets millions and renown ambulance chaser James Sokolove* starts firing up "Have you received a letter from the RIAA/MPAA" commercials. Yeah, or maybe even bring Larry H.Parker in on things. That'll really raise a ruckus! | |
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 N3OGHCertified GLG-20Premium
join:2003-11-11
Philly burbs
kudos:1
 ·Verizon FiOS
| David, Get your sling shot You're gonna need it against Goliath.
I like that she has the "set" to sue them back, and that someone would help her with it.
But, these mega corporations have plenty of lawyers on staff, and I seriously doubt she'll get anywhere.
Then again, a sympathetic jury might look to send the record companies a message with a huge (and appeal-able) cash award.
It'll be interesting to watch.....
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O&A back on XM! Found promo code to get free activation and 3 free months. PM me if interested! | |
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See 6 replies to this post |
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 MaxoYour tax dollars at work.Premium,VIP
join:2002-11-04
Tallahassee, FL | Unwinable? People with "small-time" lawyers beet the big guys all the time. All the high-payed lawyers in the world can't hide from justice 100% of the time. If they are guilty and her lawyers are competent then she has a good chance. | |
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| PolarBear03The bear formerly known as aaron8301Premium
join:2005-01-03 | Re: Unwinable? I agree. What's just is just, regardless of how many lawyers the RIAA has. Those lawyers just like to obscure what is just. Give the judge and jury some "reading glasses" to clearly see what the RIAA lawyers try to obscure, and you will most likely win.
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A computer lets you make more mistakes faster than any other invention, with the possible exceptions of handguns and Tequilla. -- Mitch Ratcliffe | |
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| | | said by Maxo:People with "small-time" lawyers beet the big guys all the time. All the high-payed lawyers in the world can't hide from justice 100% of the time. If they are guilty and her lawyers are competent then she has a good chance. So true.....look at the idiot judge in DC suing over a pair of pants. | |
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|  james
join:2001-02-26
CWCville USA | You need to stop watching so many Disney movies... | |
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 Doctor FourMy other vehicle is a TARDISPremium
join:2000-09-05
Dallas, TX | If that Korean couple can win against that DC "pants" judge Then so can Tanya Andersen against the RIAA.
Or so we hope. | |
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|  CheesePremium
join:2003-10-26
Naples, FL
kudos:1 | Re: If that Korean couple can win against that DC "pants" judge said by Doctor Four:Then so can Tanya Andersen against the RIAA. Or so we hope. Is it really a "win"? That case should have been dropped from day 1. 54 million for a pair of pants that cost less than 100 bucks? Get real!  | |
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| | | | Re: If that Korean couple can win against that DC "pants" judge said by Cheese:said by Doctor Four:Then so can Tanya Andersen against the RIAA. Or so we hope. Is it really a "win"? That case should have been dropped from day 1. 54 million for a pair of pants that cost less than 100 bucks? Get real! Actually, the judge has to pay the court "fees" (about $1000) to the Korean owners and MIGHT have to pay the lawyer fees (right now about $100,000.)
Plus, there is a VERY good chance he will lose his $96,000/year administrative judge position. | |
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| | | CheesePremium
join:2003-10-26
Naples, FL
kudos:1 | Re: If that Korean couple can win against that DC "pants" judge said by moonpuppy:said by Cheese:said by Doctor Four:Then so can Tanya Andersen against the RIAA. Or so we hope. Is it really a "win"? That case should have been dropped from day 1. 54 million for a pair of pants that cost less than 100 bucks? Get real! Actually, the judge has to pay the court "fees" (about $1000) to the Korean owners and MIGHT have to pay the lawyer fees (right now about $100,000.) Plus, there is a VERY good chance he will lose his $96,000/year administrative judge position. Good! Wasting the Koreans time like that! | |
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| | All about the Judge As we've seen in the past, things like this are highly dependent on a Judge's sympathy to her case. We've seen judges tell the RIAA where to put it and how deep before | |
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 quibblyPremium
join:2003-02-07
Sugar Land, TX | Lets not forget the Direct TV scam Lets not forget the Direct TV scam where people who legally purchased card programmers for work and happened to have a Direct TV account, Dave (DTV) sent a letter stating that if you payed $5000.00 and stated you were guilty, they wouldn't sue you. Now, at first Dave won, but in the end, they were caught trying to take people to the cleaners due to decreased sales. Judges became tired of hearing the cases. | |
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| | | Court Case This won't be dragged out...it will be settled in order to NOT have any precedent set. | |
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| |  ArmainaNot every saint is a foolPremium
join:2002-11-06
Tempe, AZ | Re: Court Case it only settles out of court if both parties agree on the settlement out of court.
if all she wants is money, then she'll probably end up settling out of court, if she wants to make this as public and as messy as possibly for the RIAA, she won't settle. | |
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| | | Reviews:
·Comcast
| Re: Court Case The RIAA will keep shoveling money to keep her quiet. The issue here is does she have the integrity to say no the the truck loads of cash they will back up to her home.
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"It's always funny until someone gets hurt......and then it's absolutely friggin' hysterical!" | |
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 W8ASATieng gi vay?
join:2000-07-31
Dayton, OH
·AT&T Midwest
| Interesting Read Her lawsuit makes for interesting reading. She alleges criminal misconduct under both federal and state RICO laws. I wonder if the feds will be brought in on this. I would love to see some of the RIAA folks and their henchmen wind up in jail for some of the things they have done. Their lawyers, too.
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Microwave and RF Components at www.ohiomicrowave.com | |
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|  hdmanFlt RiderPremium
join:2003-11-25
Appleton, WI
·Cellcom Wireless
| Re: Interesting Read I agree, the lawsuit is an awesome read!!! I think her attorney is brilliant, and I also think they (RIAA) will end up paying them off, which would be bad. I would LOVE to see this one go to the finish line with a few of the RIAA thugs hauled away in jumpsuits and cuffs.....
It would even be poetic to later read they were violated in prison.......
This lawsuit is a great read if any of you have not read it...
HDMan
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The proper way to break in a Harley: Grab a fist full of throttle, and ride it like you stole it!!! | |
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| major marcoRes Firma Mitescere NescitPremium
join:2003-02-13
Stepford, CA | said by W8ASA: I wonder if the feds will be brought in on this. I would love to see some of the RIAA folks and their henchmen wind up in jail for some of the things they have done. Their lawyers, too. Not sure what you mean by bringing in the feds. The case is already in Federal District Court.
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The Toll
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| | W8ASATieng gi vay?
join:2000-07-31
Dayton, OH | Re: Interesting Read I mean the FBI, who investigate federal RICO violations. In other words, make sure there is also a criminal investigation, and not just a civil suit.
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Microwave and RF Components at www.ohiomicrowave.com | |
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| | | major marcoRes Firma Mitescere NescitPremium
join:2003-02-13
Stepford, CA
1 edit | Re: Interesting Read said by W8ASA:I mean the FBI, who investigate federal RICO violations. In other words, make sure there is also a criminal investigation, and not just a civil suit. Criminal liability in this particular suit won't ever happen. Copyright infringement is strictly a civil action irrespective of any RICO charges, which in this particular instance, no matter how big of a douche the RIAA is, will most likely not stick. This case is dead in the water. Tanya Andersen is not the first person to bring suit against the RIAA for RICO allegations. The RIAAs legal counsel are laughing about this suit all the way to the bank because her causes of action will easily be quashed. Any first year law student can respond to her complaint and get it tossed out.
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The Toll
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| | | | jasso
join:2004-11-15
Chico, TX | Re: Interesting Read The case of copyright infringement was already dropped by the RIAA when it was apparent that they were going to lose. The case that she is filing right now is over the deceptive legal practices of the RIAA and the illegal gathering of private information. Even in a civil suit, if evidence shows that either party had violated federal law, an investigation could begin. | |
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 MysticGogetaThe Robot DevilPremium
join:2005-03-14
League City, TX |  Good for her RIAA Basterds
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| | | Re: Good for her RIAA Basterds I`ll tell you one thing she is not going to win at all lawyers stick together they discuss the case during lunch and agree to some sort of settlement lol. | |
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 exocet_cmBuckle up, it's the lawPremium
join:2003-03-23
New Orleans, LA
kudos:2 | Interesting Read Read the entire report, very interesting. I'm not a judge nor a lawyer but from reading the complaint it would seem that she would win the case.
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"I have measured out my life with coffee spoons..." - T.S Eliot
Ma Blog »www.johndball.com
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MikelD
join:2001-02-09
Austin, TX | Looks like the RIAA could have its hands full with this one, and like some of you have said, there will be plenty more suits right after this verdict.
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For the Love of Your Life...adopt a Retired Racing Greyhound! | |
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 jjoshuaPremium
join:2001-06-01
Scotch Plains, NJ
kudos:1
1 edit | The claims against Media Sentry seem like a stretch but there's probably enough issues of fact to get it in front of a jury.
IANAL. | |
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1 edit | Re: Good luck... said by jjoshua:The claims against Media Sentry seem like a stretch but there's probably enough issues of fact to get it in front of a jury. IANAL. not a stretch according to the computer and fraud act...basically they are accusing media sentry of hacking into her computer; mind you; proof they used in the case against her that they can now use as illegal hacking proof against them in her case.
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Currently appearing as: Some crazy white dude being a menace to south central while drinking my juice in the hood | |
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| | jjoshuaPremium
join:2001-06-01
Scotch Plains, NJ
kudos:1 Reviews:
·Verizon FiOS
| Re: Good luck... Beg to differ. When using P2P, your computer publishes the information or replies to an expected request for information.
There's no hacking involved here.
Also, I'm not sure how they can claim that Media Sentry identified the wrong person and then also claim that Media Sentry hacked into her computer. But, hey, it's way too early to tell until everyone gets their turn for discovery.
As a casual observer, I would guess that Media Sentry identified a user by IP and the ISP gave up the wrong user information.
Why not add the ISP to the claim? Perhaps, by law, the ISP's exposure is limited if they believed that they were acting in good faith? | |
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| | | | | Re: Good luck... said by jjoshua:There's no hacking involved here. hmm...Your telling that to the one who knows how to do it...
From my college transcripts:
quote:
This is NOT an Official Transcript
Fall 2006
Course ID; Course Title; Earned Hours; Quality Hours; Quality Points; Grade
NET -205 -301; NETWORK SECURITY AND ETHICAL HACKING; 3.00; 3.00; 12.00; A
Would you like me to dust off the ol' book and post how to do it? hmm, that wouldn't be too ethical though...
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Currently appearing as: Some crazy white dude being a menace to south central while drinking my juice in the hood | |
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 KilroyPremium,MVM
join:2002-11-21
Ann Arbor, MI
1 edit | Everyone should really read through this claim, it is a thing of beauty. (with the exception of the error on the bottom of page 32, 18.2 is missing its conclusion) Because the RIAA has gone to trial on gone on record as to how they obtain their information they can't back down when called on it. Since Andersen is bringing the case the RIAA can't drop it, only she can. To make it go away and not see trial the RIAA will have to bring those large trucks of money and that will only inspire others to sue them, boy kind of like what they've been doing.
Even if the RIAA can get rid of parts of the cliam it proves other parts, either they broke into her computer or they didn't have any evidence, either way they lose.
Tacking on the RICO charges, both federal and state, accusing the RIAA of extorting money and using the threat of lawsuits to protect their 90% share of the US music market is also to be appreciated.
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How hard does DRM have to bite before business abandon it? | |
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| shollingPremium
join:2002-02-13
Hemet, CA
kudos:1 Reviews:
·Verizon FiOS
| Re: A thing of beauty I get the impression that a lot of posters failed to read through the claim. Her lawyer is simply hanging them with their own sworn statements and applying the law. There aren't a lot of stretches here. I'm guessing the only things that could be seriously considered on appeal will be the size of the award and the RICO application. And the RICO claim has just enough legs and teeth to scare the crap out of RIAA.
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"Government is the great fiction, through which everybody endeavors to live at the expense of everybody else."
--FREDERIC BASTIAT--
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 compugeekI love making my own beer.Premium
join:2002-07-30
Pickerington, OH | If the RIAA looses they will just take their money to Congress and lobby to get the laws changed. Last I heard they were doing that now...
Geek
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»www.itsnewtoyou.biz | |
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|  phxmarkWhat Country Are We Living In?
join:2000-12-27
Glendale, AZ | Re: If they loose said by compugeek:If the RIAA looses they will just take their money to Congress and lobby to get the laws changed. Last I heard they were doing that now... Geek Yup, the RIAA had to "PORK" up the Congress.
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High speed is dangerous. Too many MP3s, not enough time. | |
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shollingPremium
join:2002-02-13
Hemet, CA
kudos:1 Reviews:
·Verizon FiOS
| Judges tend to get angry when companies pull this kind of obvious shakedown. I don't see the trial judge allowing many delays so I doubt that the case will pend more than a year at most. Yes there will be appeals but this time RIAA screwed up with their choice of victims. Once the jury sees that they could just as easily have been the victim and still might someday be such a victim they are going to have blood in their eyes. I'll be shocked if she doesn't see eight figures in hand before her kid is out of middle school.
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"Government is the great fiction, through which everybody endeavors to live at the expense of everybody else."
--FREDERIC BASTIAT--
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| Ikarasu
join:2004-01-09
Port Coquitlam, BC Reviews:
·TekSavvy Cable
| Re: She's got them by the goodies Ouch. Looks like the RIAA has a fight up for them.
IMO, They'll settle out of court. face it... the RIAA will want to save face, and they'll try to settle out of court. And you cant say that a single mother wont want to settle, and get set for life, over setting a principle.
I wish all others who got sued fought back. or I wish some AG was willing to file a class action lawsuit against them.
I'm sure everyones tired of the RIAA. Even if the people they accuse/harass are illegally stealing music... this isn't the way to go about getting restitution for it.
And if they want to make an example out of people... make it out on someone who can afford it, and actually deserves it. If everything in the complaint is true, well, it wouldn't take a genius to know they should have dropped the case against her before it even reached court. | |
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major marcoRes Firma Mitescere NescitPremium
join:2003-02-13
Stepford, CA | Of all the Plaintiff's causes of action, the only one that really has any kind weight is RICO, but even then it's on faulty ground because in order for a RICO charge to bear fruit, the question has to focus on wire fraud.
Andersen alleges the RIAA went poking around in her pc for purposes of spying, but I don't see that sticking since that is what P2P is essentially. Shared folders are open for all to see. Her legal counsel will have to do some dancing around that issue and hope the judge is as clueless about technology as most of them usually are in these kind of cases.
As for malicious prosecution, I don't see that carrying any kind of weight either because in order for it to stick, someone from RIAA would have to testify that RIAA pursued people it knew were innocent. I would imagine that the liklihood of happening falls somewhere between getting struck by lighting twice and winning the lottery.
Slander/libel are almost always a waste of time to pursue in court unless you're a celebrity.
Bottom line: As much as we all despise the diaRIAA and would like to see it get its comeuppance, the unpleasant reality is that this case will likely not amount to anything. Like it or not, federal law gives copyright holders the ability to seek recompense via the court system via civil cases, and that is exactly what the RIAA is doing. OTOH, whether the RIAA has done so prudently, is another matter entirely.
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The Toll
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|  TransitManPremium,MVM
join:2000-09-05
Dayton, OH
kudos:1
·RoadRunner Cable
| Re: Weak Causes of Action said by major marco:Of all the Plaintiff's causes of action, the only one that really has any kind weight is RICO, but even then it's on faulty ground because in order for a RICO charge to bear fruit, the question has to focus on wire fraud. The question of Wire fraud??
Telephone conversations, alleged taking of information from her personal computer, just to name a few. They involve the use of telephone equipment and or cable HSI, in other words WIRE.
The RICO act will prevail here, wire fraud and all.
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PROUD TO BE THE DIRECTOR OF THE CRUNCHENSTEIN ASSOCIATION AND THE HOST OF CRUNCHENSTEIN #2 | |
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| jester121Premium
join:2003-08-09
Lake Zurich, IL Reviews:
 ·voip.ms
2 edits | Does anyone know if the RICO act even allows for a private right of action? Meaning, violating RICO Act is a crime, but is there a provision that allows a citizen to bring suit for damages resulting from the violation?
If not then that entire bit gets tossed out, and it's up to the feds to investigate criminally.
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EDIT - never mind, it appears that the RICO statute allows for up to treble damages in a private action. Good for her! | |
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| | public
join:2002-01-19
Santa Clara, CA | Re: Weak Causes of Action said by jester121:Does anyone know if the RICO act even allows for a private right of action? Meaning, violating RICO Act is a crime, but is there a provision that allows a citizen to bring suit for damages resulting from the violation? 18 U.S.C. Section 1964c allows treble damages and seizure of assets gained by the criminal activity. | |
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| | | Why only wire fraud? Where did you pull that from? Apart from other misdeeds they sent the woman threatening letters in an attempt to extort... IOW mail fraud!
You make a *big* assumption about P2P there. There are other ways to poke around in people's computers. Has it been established that there was P2P software on the woman's computer?
I also don't see why "malicious prosecution" requires an admission of guilt by an individual at RIAA. The evidence will stand on its own merits and, weighing the facts, a judgment will be made as to whether there was malicious intent.
Bottom line: it's quite obvious that RIAA stepped in it here and they don't even have the good sense to know how to clean off the soil! | |
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 TigerLordResident pentaxianPremium,Mod
join:2002-06-09
Montreal
kudos:5 | Story made my day, give me a donate and support the ''mom fights back'' campaign, I'm all in ! | |
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DesdinovaPremium
join:2003-01-26
Gaithersburg, MD | I notice that Taylor is suspiciously silent on this subject so his brother, the Anti Taylor would like to say a few words:
"All of you RIAA thugs, stoolies and thieves have been laughing at the American legal system for years, but let's see how hard you're laughing when Bubba is filing his motions in YOUR briefs for a change. Enjoy your last few days in the sun because very soon all of your tans will be lined with the shadows from the bars in your windows once you check into the Crowbar Hilton."
Thieves. Check.
Bubba. Check.
Implication that rape is a form of justice. Check.
Crowbar Anything. Check.
Loses points for lack of "stealing" and "pirates", though... | |
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bigjimc
join:2003-04-21
Middleboro, MA | Good for her. If she stole music it would be one thing but since she proved it and they were still coercing her that's when the law is broken.
What troubles me the most is the stalking of a 10 year old child.
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Just my 2 cents...Flame Lightly... | |
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| | | Re: I always said it was a RICO Stalking a 10 Year old online is considered "child molesting" now by law actually. | |
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| | bigjimc
join:2003-04-21
Middleboro, MA | Re: I always said it was a RICO No...The Actions against the mother was a RICO.
The Child Stalking is a different thing all together and is criminal but also morally repugnant. | |
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