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RIAA Going After a 10-Year-Old Girl
NewYorkCountryLawyer writes "The latest target of the RIAA's ire is a 10-year-old girl in Oregon, who was 7 when the alleged infringement occurred, and whose disabled mother lives on Social Security. In Atlantic v. Andersen, an Oregon case that was widely reported in 2005 when the defendant counterclaimed against the RIAA under Oregon's RICO statute and other laws, the defendant's mother sought to limit the RIAA's deposition of the child to telephone or video-conference. The RIAA has refused, insisting on being able to grill the little girl in person. Here are court documents (PDF)."
This case (Atlantic vs. Andersen) is a civil case, not a criminal one. So strictly speaking, the child isn't being prosecuted; she's being called to testify. IANAL but I do know that children under a certain age (which I believe varies from state to state) can't be sued in the U.S.. However their parents can be held liable for their actions, which is what appears to be the case here. The U.S. does have a system whereby children can be prosecuted for crimes but it's done in special juvenile courts.
[Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
Everyone over 10 has realized that the RIAA is a decaying corpse and (I sincerely believe) would boycott them completely if it were made easy.
My turnips listen for the soft cry of your love
The way you put that makes it sound like the US keeps good company with non-Western nations. Even that is not true. The only other country that hasn't ratified the UN Convention on the Rights of the Child is Somalia (the US did sign under Clinton, but Bush has failed to ratify almost every international treaty that Clinton signed up to). In Somalia's case, they don't have a government to sign it.
Actually, the Supreme Court addressed it in Missouri v. Holland, 252 US 416 (1920). Its pretty clear law that Congress can ratify a treaty, and it has the rule of law as long as it does not explicitly violate the Constitution, for instance by infringing on free speech. Infringing on States' rights are perfectly acceptable.
http://bgcommonsense.blogspot.com
Wow, this is very disconcerting. Did you know that Warner was founded as a company to protect and provide employment for Jewish actors, cartoonists, and musicians in an era rampant with discrimination? In the 20s and 30s, Jewish cartoonists were refused work at Disney. I am Jewish and the actions of Warner against Schwartz and Scantlebury are unconscionable. It seems like humanity is constantly condemned to repeat history it has never learned. Jews have a specific duty, as I see it, to protect the downtrodden; especially after what we as a people have been through. The two lawsuits mentioned are an absolute abomination. Although, there may be another angle, albeit improbable, that the RIAA applied considerable pressure to bring these lawsuits and Warner capitulated.
well, normally such a question isn't even worth an answer. but in this case, i make an exception
no, he isn't right. the riaa at partly run by sony bmg, which is half japanese half german. while there are some jews in germany, they are pretty non-existent in japan. so his first claim is wrong.
there are kibbutz communities in israel, where jews actually do quite a lot of manual labour. so his second claims is wrong.
his other claims all base on these two wrong claims and thus are also wrong.
is your question answered now?
Conservatism: The fear that somewhere, somehow, someone you think is your inferior is being treated as your equal.
That ended five years ago:
Mental Retardation and the Death Penalty. Atkins v. Virgina,Atkins v. Virginia
Texas, the state that gave us President George W. Bush, is especially fond of executing the young and mentally handicapped.
Of the 44 mentally retarded in the U.S. executed since 1976, nine were in Texas, five in Virgina, only four were executed in states outside the southern Confederacy in the American Civil War.
Defendants with Mental Retardation Executed in the United States
There have been 387 executions in Texas since December 1982. The youngest was 24 in 1985. 17 when he killed a clerk for a six-pack of beer in a convenience-store robbery. There has been almost nothing the like of that since. Executed Offenders