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The RIAA vs. John Doe, a Layperson's Guide
Grant Robertson writes to tell us that he has made a pass at translating a recent guide to surviving an RIAA lawsuit from technical lawyer-speak into a much more easy to understand layperson's guide. The law, being complex and sometimes cryptic, allows ways for the RIAA to tilt the odds in their favor forcing unsuspecting victims to settle rather than fight. Take a look at Ray Beckerman's tips to survival translated into words anyone can benefit from.
The confusing babble is part of the reason why we have lawyers. Nearly everything can be argued in court and lawyers just make more (paid) work for themselves by having the T&C be confusing in the first place.
NINJA SPIRIT - The Ancient Art of Insanity
Shame someone with a few spare dollars couldn't get this sent to most of the judges throughout the US. Maybe one or two of them will realise how the RIAA is playing with them in order to get what they want !
It is also a clear explanation of why RIAA legal tactics are grossly unfair, awill hopefully draw some attention to this fact. Do you honestly believe the target audience of this is just the couple of people who get sued?
blow your mind already
Great piece, but it's far from a guide to survival. It's a translation into Laymanese of how you're going to be screwed by the RIAA's gaming of the legal system.
1) You're going to lose a motion and not be told how or why
2) You're going to be sent legal documents but will not be able to get a lawyer to defend you because the lawyer won't have the information he needs
3) You're going to have your information handed over to the RIAA and there's nothing you can do
4) You're going to land in a civil case and the precendents are murky enough that you may well lose, but it's certainly going to cost you a bundle anyway
What I'd like to see is a real survival guide on the back of this. For example, when you get the notice that you've lost that first motion, what should you do? What can your lawyer do to get up to speed and file a motion to dismiss in time? What can you present to the judge to show that the case, on the evidence to hand, is baseless?
Good article, and a great starting point, but it'd be so much more useful with some real advice rather than just being a well-written explanation of exactly how screwed you are.