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RIAA Sues Stroke Victim in Michigan

NewYorkCountryLawyer writes "The RIAA has now brought suit against a stroke victim in Michigan in Warner v. Paladuk. The defendant John Paladuk was living in Florida at the time of the alleged copyright infringement, and had notified the RIAA that he had not engaged in any copyright infringement. Despite the fact that Mr. Paladuk suffered a stroke last year (pdf), rendering him disabled, the RIAA commenced suit against him on February 27, 2007. Suing the disabled is not new to the RIAA. Both Atlantic v. Andersen in Oregon and Elektra v. Schwartz in New York were suits brought against disabled people who have never engaged in file sharing, and whose sole income is Social Security Disability. Both of these cases are still pending. The local Michigan lawyer being used by the RIAA in the Paladuk case is the same lawyer who was accused by a 15 year old girl of telling her what to say at her deposition in Motown v. Nelson. In the Warner v. Scantlebury case, after the defendant died during the lawsuit, the same lawyer indicated to the court that he was going to give the family '60 days to grieve' before he would start deposing the late Mr. Scantlebury's children."

16 of 328 comments (clear)

  1. And of course by Timesprout · · Score: 4, Insightful

    We all know the ill and disable are pure of heart, love their moms and are made of kitten whiskers. Slashdot is getting seriously pathetic trotting out extremist nonsense like this.

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
    1. Re:And of course by NewYorkCountryLawyer · · Score: 5, Informative

      As someone who speaks to the victims of the RIAA lawsuits on a daily basis, I can definitely say that this stuff causes extreme anxiety and stress, and I'm sure it has contributed to depression and even to deaths.

      --
      Ray Beckerman +5 Insightful
  2. Evil much by zeroharmada · · Score: 5, Interesting

    It is times like this that I wish America would switch over to a system where blank media is taxed and they don't prosecute piracy. Sure it might stretch the bottom line for the Mafiaa, but wouldn't it be beneficial to society at large? Hopefully in a decade or so it will be a big enough hot-button topic to spur actual political change. Until then keep it up RIAA... if you stop being the stereotypical evil corporation all we will have left to overthrow when the revolution comes is Microsoft :-)

    1. Re:Evil much by Seumas · · Score: 5, Insightful

      I should totally be taxed on something I intend to store family photos on or backup my legally purchased digital downloads on and that profit should go right to the RIAA and MPAA and BSA who have nothing to do with the medium and content I'm placing on it.

    2. Re:Evil much by mpe · · Score: 4, Insightful

      Why not? People without children pay taxes to run elementary schools. People without cars pay taxes to build roads. Living in a civilized society means sometimes making sacrifices for the benefit of the group as a whole.

      The difference is that there are credible arguments for education and road building being of help to society as a whole. Thus it is perfectly possible that people without children may derive a benefit from everyone being given a basic education and people without cars may derive a benefit from the existance of roads.
      The difference is that there are a lot fewer aguments in favour of supporting an obsolete business model. At least from the point of view of society as a whole.

  3. And that matters why? by koreth · · Score: 4, Insightful

    Having a stroke and/or receiving disability payments renders one incapable of copyright infringement? Does the BitTorrent client refuse to install if it detects a Social Security check in the vicinity?

    Being disabled isn't evidence of innocence, unless the disability is such that one is incapable of even using a computer. If the guy broke the law, he broke the law. I happen to think the law sucks and needs to be changed post haste, but it sucks for everyone, not just stroke victims and the handicapped.

    In short, the RIAA is as within its rights here as it is in any of its other cases.

    1. Re:And that matters why? by CompMD · · Score: 4, Interesting

      I know this because this is slashdot, people rarely actually RTFA, but come on and RTF post at least.

      "...suits brought against disabled people who have never engaged in file sharing..."

      and then RTFA, the guy in this case is half paralyzed, do you think he is spending a lot of time sitting at his computer downloading Christina Aguilera or something? There needs to be a preponderance of evidence in order to proceed with a case. So far you have a guy who probably can't use the bathroom himself who didn't live in the state in which he is accused of committing infringement. Where's that preponderance of incriminating evidence?

      "Evidence of innocence" is pure idiocy, and contrary to the tenets of the judicial system. It is NOT this man's burden to prove his innocence, it is the RIAA's burden to prove him guilty.

      Heh, and the captcha for this is "falsify."

  4. How Long... by FiniteElementalist · · Score: 4, Funny

    How long until they start suing dead people? ... They haven't sued dead people, have they?

  5. The "RIAA" by twilight13 · · Score: 5, Insightful

    The more I hear "RIAA" the more I wonder what it's really for. It seems like whenever stuff like this happens, we say the RIAA is suing a stroke victim. The RIAA sues dead people. It seems like the RIAA is doing a great job redirecting all of the bad press for this campaign. To me it looks like Warner is suing this guy, not the RIAA. Let's at least identify who is calling the shots here. Maybe if more people heard about Warner's actions, they would buy CDs from other record labels. (Yes, I know other labels sue people just as much, but it'd be nice if there was some bad press to come with stuff like suing disabled people.)

    1. Re:The "RIAA" by sumdumass · · Score: 4, Insightful

      RIAA's job is to create a smoke screen. It is to hide the artist getting screwed by record companies. It wouldn't be too far out there to think they would be protecting the image of the recording companies.

      Artist:"why am in not getting a bunch of money?"
      Record industry: "because everyone is downloading your songs without paying for them instead of buying the CD!"
      Artist: "Are you doing anything about it?"
      Record industry:"Sure, we are going after them thru RIAA.".

      And then the record company laughs before depositing all their profits, They pause to light their cigars with burning 100 dollar bills.

  6. Re:Someday... by SRA8 · · Score: 5, Insightful

    Frankly, we have no one to blame but ourselves. We continue to purchased $21 CDs with two good tracks because we dont have the principles to really boycott the industry.

  7. Re:Someday... by sumdumass · · Score: 4, Insightful

    At this point, I doubt it would matter. If we stopped buying the cds they would claim it as proof of pirating.

    RIAA is a fanaticle group. Any traditional tactic that could be used to display displeasure of something is only fuel to their cause. It is past the point were a boycot could work. It is past the point were you or i could make a difference. And that is because we could never make a difference. RIAA is the sole reaction to the market trying to prove a point.

    What RIAA is doing right now is covering for lack of sale and bad business decisions. They are giving the recording industry excuses for artist not making the money they deserve and they are giving excuses to share holders for producing run of the mill stuff and passing it off as something it isn't. The more RIAA sues, the more smoke covers how the artis is being treated and paid.

  8. Mod Up - bogus argument by Weaselmancer · · Score: 4, Insightful

    This is an Appeal to Pity.

    Yes, we all know the RIAA kills puppies and causes gout. But is it too much to ask to find articles about the RIAA that simply tell the facts as they are about them? They're bad enough, and they'll stand on their own.

    --
    Weaselmancer
    rediculous.
  9. Re:Someday... by KDR_11k · · Score: 5, Interesting

    At this point, I doubt it would matter. If we stopped buying the cds they would claim it as proof of pirating.

    Then let them. Claims don't keep their business afloat, money does. They can't make you buy CDs, they can only stop illegal copying. If all this anti-piracy crap doesn't increase their sales numbers they'll run out of options sooner or later.

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  10. Re:They have to do this, folks, you don't understa by NewYorkCountryLawyer · · Score: 4, Informative

    1. The surest sign of an RIAA troll is a post that starts out

    "I'm no fan of the RIAA, but ...."

    2. That is a complete fabrication about the law; there is no such thing as "selective prosecution" in civil litigation. (In fact, even in criminal law it's a concept that exists on paper, but is almost never an issue in reality. Prosecutors are supposed to be selective and have "prosecutorial discretion" to pick some cases as worthy of prosecution, and others not.)

    --
    Ray Beckerman +5 Insightful