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RIAA Wants Student Deposed On School Day

NewYorkCountryLawyer writes "In a Houston, Texas, case, UMG v. Hightower, the RIAA has served a subpoena on the defendant's son, a high school student, on one day's notice, telling him to be at a lawyer's office at 9:00 a.m. the next day, a school day, for a deposition. The defendant's lawyer objected (PDF)."

369 comments

  1. Prays? by jakosc · · Score: 5, Funny
    From the Motion to Quash:

    Defendant prays that the court grants this motion Prays?? Is that what's necessary now?
    1. Re:Prays? by RileyLewis · · Score: 1, Funny

      Well when the RIAA preys, you've got to pray!

    2. Re:Prays? by FlatLine84 · · Score: 5, Funny

      I dunno, but this excuse beats the "My dog ate my homework" line.

    3. Re:Prays? by FooAtWFU · · Score: 1, Informative

      pray, verb, transitive:To make a devout, fervent, or earnest request for something. It's been used in secular contexts plenty in the past.

      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    4. Re:Prays? by aadvancedGIR · · Score: 3, Interesting

      I don't quite remember (sorry, I don't live in the USA). Isn't Texas one of the state where you can't work as a government official if you're a bloody atheist?

    5. Re:Prays? by eln · · Score: 4, Funny

      humor, noun: a comic, absurd, or incongruous quality causing amusement

      oblivious, adjective: see FooAtWFU

    6. Re:Prays? by Anonymous Coward · · Score: 0

      This is America. It should read PAYS...

    7. Re:Prays? by gEvil+(beta) · · Score: 4, Funny

      What, pray tell, is your problem with the word?

      --
      This guy's the limit!
    8. Re:Prays? by Frymaster · · Score: 5, Interesting

      I don't quite remember (sorry, I don't live in the USA). Isn't Texas one of the state where you can't work as a government official if you're a bloody atheist?

      i don't know about the 'bloody' part, but article 1 section 4 of the bill of 'rights' of the texas constitution states that people may not hold office if they don't "acknowledge the existence of a Supreme Being".

      the full text is:

      "No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being."

      my source is here.

    9. Re:Prays? by sjf · · Score: 5, Interesting

      The words court, curia and curate are cognates. Early European courts were indeed held in church. Hence 'pray' is not strictly secular.
      (Of course, the origin of the word curia is even earlier and during roman times simply meant a division of the people, then the term was applied to the people meeting as a body in order to make civil and judicial decisions. It is through the Catholic church that "curia" acquired its eclesiatical meaning.)

    10. Re:Prays? by Elemenope · · Score: 4, Informative

      And while I'm not sure if that segment of the Texas con. has specifically been challeneged, but other states that have similar provisions have had them struck down unanimously by the USSC [Torcaso v. Watkins (1961)]. The Article VI language preventing religious tests or oaths for federal office was ruled to apply to the states.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    11. Re:Prays? by hax0r_this · · Score: 5, Interesting

      Yes, I did some research on the topic last year and it seems that Texas doesn't enforce that clause in order not to dirty their image. If they were to enforce it they would be challenged, and if they took it all the way to the Supreme Court they would lose there, so rather than going through all that they just keep the clause for the warm fuzzy feeling it gives them, but don't bother to enforce it.

    12. Re:Prays? by Anonymous Coward · · Score: 0

      I knew Dubya worshipped Ming the Merciless

    13. Re:Prays? by wesmills · · Score: 5, Informative
      I do live in Texas, and the use of the word "pray" in a legal document, at least in the American legal system, does not imply communications with a religious deity. "Pray," as a verb, has at least two meanings that are distinctive here:

      4. to make earnest petition to (a person).
      5. to make petition or entreaty for; crave

      (See: dictionary.com)

      The legal "pray" simply is a formal way to ask the Court for an action. You will find this phrase in many legal filings, not just in Texas courts.

      Thanks for the slam, though; always good to see the myths and legends preserved.

    14. Re:Prays? by idesofmarch · · Score: 1, Offtopic

      I think you overstate things with the "warm fuzzy feeling" bit. I am a Texan. Most people do not know or do not care about this provision. It is a hassle to change to Constitution, so there it stays. It does strike me as ridiculous and I wish it was not there, but not enough to campaign for it.

    15. Re:Prays? by BlueTrin · · Score: 1

      When you pray, the RIAA pays !

      --
      Don't you know it is now both immoral and criminal to think beyond the next quarterly report?
    16. Re:Prays? by bazorg · · Score: 4, Funny
      he acknowledge the existence of a Supreme Being."

      Michael Jordan is real enough for me to sign that contract.

    17. Re:Prays? by Beale · · Score: 1

      Does the Supreme Court count?

    18. Re:Prays? by frostoftheblack · · Score: 1

      I was never aware of this, thanks for pointing it out.

      It has a strikingly similar resemblance to the Supreme Being under Robespierre of the French Revolution. Or Freemasonry.

      --
      Do not mark in this space. For official office use only.
    19. Re:Prays? by Bogtha · · Score: 3, Insightful

      article 1 section 4 of the bill of 'rights' of the texas constitution states that people may not hold office if they don't "acknowledge the existence of a Supreme Being".

      No it doesn't. Read it again. It says that people who acknowledge the existence of a supreme being are not subject to any other religious requirements. It doesn't say anything about people who do not acknowledge the existence of a supreme being.

      It's a statement restricting what the government can demand of public officials who believe in a deity. It's practically the opposite of a requirement to hold office — it's a loophole, not a demand.

      It's a stupid law alright, but it doesn't forbid atheists from holding office per se, it just doesn't give them the same loophole as everybody else.

      --
      Bogtha Bogtha Bogtha
    20. Re:Prays? by mindwhip · · Score: 1

      Is there qualification of what is meant by "Supreme Being"? If I acknowledge that Elvis was a Supreme Being would that count? How about Pamela Anderson, Linus Torvalds or maybe Steve Jobs? or maybe if I claim Bill Gates is the spawn of all evil?

      --
      [The Universe] has gone offline.
    21. Re:Prays? by Anonymous Coward · · Score: 0

      If you folks had a full grasp of english, you would realize "pray" also means "ask". Example: "What are you doing over there, pray tell?" This use is a little archaic.

    22. Re:Prays? by malkien · · Score: 2, Funny

      your examples would be too controversial.
      I say Cthulhu would qualify as quite supreme by any standard.

    23. Re:Prays? by Jtheletter · · Score: 1

      Hehe, I see no definitions of "supreme being" referenced by that section of the constitution. I would admit the existence of one, namely me. Supreme in that I understand both the reasons for seperation of religion and government, and the fact that an atheist can adequately hold an office. Not that it would win me any votes, but it would technically fit the requirement as written. ;)

      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    24. Re:Prays? by greginnj · · Score: 1

      You're forgetting, it's a TEXAS court...

      --
      Read the best of all of Slash: seenonslash.com
    25. Re:Prays? by Goobermunch · · Score: 1

      IAAL That's pretty standard language in court pleadings. Almost any time you ask the Court to do something, you include it in a "prayer for relief." --G

    26. Re:Prays? by lhorn · · Score: 1

      And how is this Supreme Being defined? May it be the scary thing I face each morning in the bathroom mirror?

      --
      accept no limits but time
    27. Re:Prays? by ameoba · · Score: 4, Interesting

      While it's great fun to argue the constitutionality of such of law, what are the chances that an atheist actually could get elected to any position of importance in TX?

      --
      my sig's at the bottom of the page.
    28. Re:Prays? by Bogtha · · Score: 5, Funny

      You could probably get away with Diana Ross.

      --
      Bogtha Bogtha Bogtha
    29. Re:Prays? by aguenter · · Score: 1

      Um, then what exactly do you make of this bit? "nor shall any one be excluded from holding office on account of his religious sentiments"

    30. Re:Prays? by lisaparratt · · Score: 1

      Ah, that's not a problem then, I'm fully aware of just how much I rock ;)

    31. Re:Prays? by Anonymous Coward · · Score: 0

      So if I believe Lemmy is a Supreme Being, I can hold office in Texas, right?

    32. Re:Prays? by netcrusher88 · · Score: 1

      Pray is a synonym for "plead". Notably it's not used much in the American vernacular, only in some extremely formal speech, and, as you see, legalese.

      It can also be used as a synonym for "please" as in the semi-archaic phrase "pray tell".

      --
      There's an old saying that says pretty much whatever you want it to.
    33. Re:Prays? by mikael · · Score: 1

      i don't know about the 'bloody' part, but article 1 section 4 of the bill of 'rights' of the texas constitution states that people may not hold office if they don't "acknowledge the existence of a Supreme Being".

      As long as you believe in the Flying Spaghetti Monster and His Noodly Appendages that shouldn't be a problem.

      That shouldn't be a problem for someone with a slashdot name 'frymaster'.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    34. Re:Prays? by slugstone · · Score: 1

      Is there qualification of what is meant by "Supreme Being"? If I acknowledge that Elvis was a Supreme Being would that count? How about Pamela Anderson, Linus Torvalds or maybe Steve Jobs? or maybe if I claim Bill Gates is the spawn of all evil? That would only hurt if you lived in Western Washington. He is considered the only "Supreme Being" around these parts.
    35. Re:Prays? by maop · · Score: 1

      You mean it would be a hassle to change it in the face of the religion nuts in Texas?

    36. Re:Prays? by Dan+Ost · · Score: 1

      Don't ask, don't tell (until you're elected).

      --

      *sigh* back to work...
    37. Re:Prays? by ultranova · · Score: 2, Informative

      I say Cthulhu would qualify as quite supreme by any standard.

      The Supreme Being of Cthulhuverse is Azathoth. Cthulhu is just a priest, and a slothful one at that :).

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    38. Re:Prays? by adsl · · Score: 1

      That's OK by me so long as those asking me admit, I might be the "Supreme Being".

    39. Re:Prays? by Anonymous Coward · · Score: 0

      Ahem, for the sake of clarity, United States Supreme Court is abbreviated SCOTUS (Supreme Court of the United States). USSC is the United States Sentencing Commission. Us lawyer-types get confused easily.

    40. Re:Prays? by Apotsy · · Score: 1

      Guess some people have never heard the phrase "pray tell".

    41. Re:Prays? by Lane.exe · · Score: 1

      No; these types of practices were held unconstitutional in Torcaso v. Watkins.

      --
      IAALS.
    42. Re:Prays? by T-Bone-T · · Score: 0, Offtopic

      This is why I have a hard time reading Slashdot. Somebody will say something and then someone else will start arguing something related to that post but not the actual story. Why isn't this entire thread marked "Offtopic"?

    43. Re:Prays? by glwtta · · Score: 1

      Well wtf, are we wasting too much internet ink for your liking? Don't read it if you don't find it interesting.

      --
      sic transit gloria mundi
    44. Re:Prays? by BrokenHalo · · Score: 4, Funny

      I knew a Texan once. He was so big that when he died, no-one could make a big enough coffin to bury him in.

      So they gave him an enema, and buried him in a shoe-box...

      *ducks* :-D

    45. Re:Prays? by T-Bone-T · · Score: 1

      You think you're so funny, don't you? I came here to read people's comments on RIAA's actions, not religion.

    46. Re:Prays? by glwtta · · Score: 1

      Yeah, one would think so, and yet when there are actual attempts to repeal these ridiculous morality laws, they are vigorously (and more often than not, successfully) defended; the butt sex laws come to mind, especially.

      Might seem silly to us, but plenty of people (and lawmakers) genuinely believe that these things are guarding the "moral fabric" of society; even if they are plainly unconstitutional.

      (I'm pretty sure we have one of those atheist public office clauses too, and I live in the People's Republic of Massachusetts).

      --
      sic transit gloria mundi
    47. Re:Prays? by BrokenHalo · · Score: 1

      and the use of the word "pray" in a legal document, at least in the American legal system, does not imply communications with a religious deity.

      That's good.

      Because, otherwise, my first question would be "Is that full-duplex or half-duplex?"

      ;-)

    48. Re:Prays? by Laserwulf · · Score: 1

      I swear upon His noodly appendage that I believe in a Supreme Being.
      Ramen.

      --
      "Make cyberlove, not cyberwar!" -Khaed(544779)
    49. Re:Prays? by Xtravar · · Score: 4, Insightful

      There are nuts everywhere. Most don't become too nutty until you start pointing out things that are wrong and differences that nobody noticed before.

      The Texas constitution was made a long time ago by the people of the time. So were the original designs for US currency, and protocol for swearing on a bible before testifying in court. Do people look at currency and think, "Gee golly, it's right! In God I trust!"? Do they swear on the bible and actually feel compelled to tell the truth more so than otherwise? No.

      Most nonsense that people complain about is left over tradition. Yes, sometimes tradition has to go. Other times, it doesn't, as it really means nothing to the people anymore. The moment someone complains about something like the Texas constitution, it starts a shoving battle between people who feel like their culture is being attacked and people who feel the need to fix something that isn't broken. IMO, in some cases it's better to let tradition and culture, remnants of the past, fade out silently than to attack them and renew interest in them.

      --
      Buckle your ROFL belt, we're in for some LOLs.
    50. Re:Prays? by crashelite · · Score: 1

      what if the person thinks of their self as a supreme being does that count?

      --
      (yes i know i suck at spelling fell free to correct my grammar and/or spellin i dont care, im still not going to change
    51. Re:Prays? by anonicon · · Score: 1

      Ahem, you misspelled Magic Johnson.

    52. Re:Prays? by Anonymous Coward · · Score: 0

      I acknowledge myself, because I am supreme.

    53. Re:Prays? by asninn · · Score: 2, Insightful

      The constitution - or, for that matter, any (written) law - is not going to fade out of existence just because people ignore it, though. If Texas doesn't enforce this clause because they know it'd just be struck down eventually, you might conclude that nothing's actually wrong, but if I was from Texas, I'd still petition for it to be abolished. Not necessarily by raising a big stink in public, but I still think it'd be an important gesture if it was removed - a sign that "separation of church and state" is not just an empty, hollow term, but that rather, it actually means something.

      --
      butter the donkey
    54. Re:Prays? by Anonymous Coward · · Score: 0

      If I had mod points I'd mod you up. Insightful or Informative but not Funny. LOL

    55. Re:Prays? by aztektum · · Score: 2, Interesting

      Seems to me every puppe^H^H^H^Hpolitician I see on TV these days is always thanking God and going to church. The question is what's the chance of an atheist being elected to ANY national position of influence?

      --
      :: aztek ::
      No sig for you!!
    56. Re:Prays? by soupforare · · Score: 1

      I thought he meant Michael Jackson!

      --
      --- Do you believe in the day?
    57. Re:Prays? by maop · · Score: 1

      I don't believe that is true. Defending a petty laws that have a religious basis is a major political strategy for the Republican party. We have god on our money and in the pledge which were added during the 1950s Red Baiting and McCarthyism. This is a violation of the establishment clause of the First Amendment.

    58. Re:Prays? by InsaneProcessor · · Score: 4, Interesting

      It is most often misstated but the bottom line here is that there is nothing in the United States constitution stating "separation of church and state". The constitution states that the government shall not tell the public what religion they MUST practice. If one reads and understand plain English, this would be understood and not contorted into something that it is not.

      Atheism is as much a religion as not collecting stamps is a hobby.

      --

      Athiesm is a religion like not collecting stamps is a hobby.
    59. Re:Prays? by networkBoy · · Score: 1

      True enough and I agree with you, but that's the point of the "hide replys" link. Just collapse the entire tree of the religious thread and be done with it. I for one enjoy the aimless ramblings sometimes...
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    60. Re:Prays? by i81b4u · · Score: 0

      They'll think I've lost control again and put it all down to evolution.
      Supreme Being - Timebandits 1981

    61. Re:Prays? by VJ42 · · Score: 1

      The constitution - or, for that matter, any (written) law - is not going to fade out of existence just because people ignore it, though. Yes it will. How many British males do you find practising Archery on a Sunday? It was law in 1363, decreed by King Edward III. It's been ignored for hundreds of years, and no judge or magistrate would find someone guilty of not following it today. Ignore something for over 600 years, and it's irrelevant for day to day (or in this case, week to week) life.
      --
      If I have nothing to hide, you have no reason to search me
    62. Re:Prays? by Anonymous Coward · · Score: 0

      But Magic is not infallible. Though he does seem to be indestructible.

      I wonder how Jordan would fare against the HIV.

    63. Re:Prays? by Secrity · · Score: 1

      "In God We trust" was added to American currency in 1956, coincident with McCarthyism.

    64. Re:Prays? by russotto · · Score: 1

      Now if you DO practice archery on Sunday, they'll probably issue an ASBO.

    65. Re:Prays? by Checkmait · · Score: 1

      IANAL but this is just the correct legal terminology, dating back to when everybody in the United States was Christian (although the government was officially secular).

      --
      "All you need is ignorance and confidence; then success is sure." -- Mark Twain
    66. Re:Prays? by rilian4 · · Score: 3, Informative

      Not accurate. "In God We Trust" was on many US coins well back into the 1800s. What happened in the 1950s was that it became mandatory on all US coins. In case you don't believe me, go look at old 1800s coins in any coin shop. You will see it. I have several in my collection.

      If you are going to butcher history, do it elsewhere. McCarthyism and this phrase are just a coincidence. The movement for "In God We Trust" on coins was around much longer and only happened to be passed into law in the 1950s.

      -rilian

      --

      ...quicker, easier, more seductive the darkside is...but more powerful, it is not.
    67. Re:Prays? by Checkmait · · Score: 1

      No it doesn't. Read it again.

      Actually, it does.

      The law states

      "...nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being." [emphasis added]
      meaning that no one is excluded as long as they "acknowledge the existence of a Supreme Being." Presumably, they may be excluded if they do not acknowledge a "Supreme Being" (though this is not enforced for obvious reasons).
      --
      "All you need is ignorance and confidence; then success is sure." -- Mark Twain
    68. Re:Prays? by Anonymous Coward · · Score: 0

      This is why we need historians!

    69. Re:Prays? by edward2020 · · Score: 1

      Not to nit-pick (lol), but I wouldn't suggest using either abbreviation unless its just in your notes. According to the nazis (err... national-socialist party members) who write the Bluebook, the abbreviation is simply U.S.

      --
      Don't worry about the mule, just load the wagon.
    70. Re:Prays? by Bogtha · · Score: 0, Troll

      Presumably, they may be excluded if they do not acknowledge a "Supreme Being"

      That's exactly my point. "May be". The Texas constitution doesn't bar atheists from office. It merely fails to extend the protection from religious tests to atheists. So unless some other law bars atheists from office, they are okay. And if some other law does bar atheists from office, then it's the other law that bars them, not the Texas constitution.

      Take an example. Three people, Alex the Atheist, Chuck the Christian and Jim the Jew.

      Jim the Jew is elected. What does the constitution say? It says that it's unconstitutional to exclude him from office because of his religious sentiments, because he acknowledges the existence of a supreme being.

      Alex the Atheist is elected. What does the constitution say? Nothing at all. Alex the Atheist doesn't acknowledge the existence of a supreme being, so article one, section four doesn't apply to him.

      Now let's say Chuck the Christian comes along and tries to bar non-Christians from public office. Jim the Jew gets re-elected, and what's the consequence? Nothing. He still gets to hold public office, because he is protected from a law such as this by the Texas constitution.

      Now Alex the Atheist gets re-elected, and what's the consequence? He falls foul of the law Chuck the Christian pushed for, because he isn't protected by the Texas constitution in the same way Jim the Jew is.

      Do you see what role the Texas constitution plays now? It doesn't bar atheists from office. It protects non-atheists from having their religious views held against them. It doesn't say anything at all about atheists.

      If you don't get it now, I don't think I can dumb it down any more. It's basic English and basic logic.

      --
      Bogtha Bogtha Bogtha
    71. Re:Prays? by db32 · · Score: 1

      Does the FSM count?

      --
      The only change I can believe in is what I find in my couch cushions.
    72. Re:Prays? by Checkmait · · Score: 2, Insightful

      What you are saying is precisely my point. To use your example, Alex the Atheist may be barred from public office: that's what the Texas Constitution says. Plain and simple. Undeniably. You won't need another law, the governor or whomever is responsible for this just needs to point to the Texas Constitution and say, "Hey, Alex the Atheist, you don't believe a Supreme Being, so I'm going to stop you from holding another office." Kind of like we don't need a law to enforce freedom of speech, we can just point to the Constitution. However, as is the case today, nobody points this out and if Alex the Atheist won an election, he could become governor, legislator, or whatever with no problem.

      --
      "All you need is ignorance and confidence; then success is sure." -- Mark Twain
    73. Re:Prays? by wiredlogic · · Score: 1

      The point is, that an atheist would naturally fail any religious test and they are therefore excluded from government participation by law. Just because the law is selectively unenforced to avoid embarrassment doesn't make it right.

      --
      I am becoming gerund, destroyer of verbs.
    74. Re:Prays? by Anonymous Coward · · Score: 0

      from what I've experienced of texans they believe that "they" are that supreme being

    75. Re:Prays? by tubapro12 · · Score: 1

      There are nuts everywhere.
      But we can all agree Texas has an unfair share...
    76. Re:Prays? by Anonymous Coward · · Score: 0

      FYI: SCOTUS - Supreme Court Of The United States

    77. Re:Prays? by ZedmanAuk · · Score: 1

      Congressman Pete Stark (D-CA), a member of the Ways and Means committee and chair of its Health subcommittee, is a non-theist (which includes agnostics, etc.).

      --
      -ZA
    78. Re:Prays? by Anonymous Coward · · Score: 0

      Yo Romeo, what you doing here outside the Capulet pad? Old man Capulet catches you hanging around and,, oh heck there is a light on up there,, oooh, not a light, hot babe. No no no, Romeo don't be talking to her, she is a Capulet, if her family don't kill you, yours will, man, no, later dude, been nice knowing you. Dude is crazy, what was that jibe he was saying to her anyway "pray you", "pray thee", "pray thou", dude must be getting all religious and junk, next thing you know he going to commit suicide or something.

    79. Re:Prays? by Anonymous Coward · · Score: 0

      >Because, otherwise, my first question would be "Is that full-duplex or half-duplex?"
      I don't think you understand the meaning of "duplex"... full-duplex means that the communications session is simultaneously bi-directional, which is to say that both ends are sending and receiving data at the same time. Half-duplex means that one end sends while the other receives.

      If you were trying to make a funny statement about the existence of God, then you should have said "my first question would be "Is that a bi-directional connection?"

      Reference: http://en.wikipedia.org/wiki/Full_duplex

    80. Re:Prays? by pipingguy · · Score: 1

      Isn't it actually, "prey tell", with the RIAA being the predator?

    81. Re:Prays? by NewYorkCountryLawyer · · Score: 1

      They should "prey" in hell.

      --
      Ray Beckerman +5 Insightful
    82. Re:Prays? by Bidouleroux · · Score: 2, Informative

      Atheism is as much a religion as not collecting stamps is a hobby. Wow. This must indeed be slashdot, where such nonsense is modded interesting (it should be modded funny or simply down). Your logic isn't faulty per se, but you do not seem to understand what atheism means. Atheism is a statement of belief, just as theism or deism is, but it is not a religion. A religion is a set of beliefs and practices held by a community. Individuals sharing a belief does not make a religion, or else Judaism, Christianity and Islam would all be considered the same religion since they all believe in only one God (and the same too!). Also, not collecting something is not a hobby: a hobby is an activity of some sort, not collecting is not an activity by any meaningful definition of the word 'activity'. If you want to call it something, it would have to be 'not-hobby'.

      Using the word 'must' in the phrase "the government shall not tell the public what religion they MUST practice", does not mean the public must practice a religion, it is only there to emphasize that the government cannot command anyone in the practice of the religion of their choice: the 'must' is rhetorical flourish, not strict and overly logico-formal grammar (it is a text intended to be read and understood by all literate 18th century citizens, not logicians). The writers of the constitution were well aware of the atheistic beliefs of the times since they had contact with the Frenchmen who borne them. They even had contact with those who had a strict non-religious or irreligious views of the world (d'Holbach and co.). Saying that they intended for all humans to obligatorily adhere to some form of religion is idiotic. They were educated men of their time, and the constitution they crafted (with the first couple of amendments) reflects that fact.

    83. Re:Prays? by bWareiWare.co.uk · · Score: 1

      Sorry to labour the point but this is not correct.

      The governor or whomever can NOT bar some on from public office on a whim. The governor can only bar someone based on a section of the constitution or a law that gives them a specific reason.

      This section of the consitution makes it impossible to write a law barring non-atheists from office - it does NOT imply that the already is a law barring atheists from office - just that one could theoretically be written.

      In fact their are already plenty of federal laws that make writing a law barring atheists from office illegal so this loop-hole is closed anyway.

    84. Re:Prays? by VShael · · Score: 1

      Out of all the beings alive right now, one of them has to be 'supreme'.
      So as an atheist, I'd go with that. Clearly not what they intend, but if they asked me do I believe in the existance of a 'Supreme Being', I'd say yes.

      Someone's got to be the oldest, someone's got the be the tallest, someone's got to be 'supreme'. (Choose your own measuring standard)

      Plus, that sort of doublethink, not-quite-dishonesty would suit me well in Texas as a government official.

    85. Re:Prays? by Anonymous Coward · · Score: 0

      No Lawyers pray all the time in their little papers because they know they are going to hell for being such scum bags. Just think if their were no lawyers then there would be no law suits. Lawyers only serve one good use. They make great running targets.

    86. Re:Prays? by malkien · · Score: 1

      ah.
      so you say Cthulhu wouldn't qualify me for office in texas?
      I prostrate myself at Azathoth's feet then!

    87. Re:Prays? by JabberWokky · · Score: 1
      Hopefully darn unlikely. Otherwise it wouldn't be a person who reflects the beliefs of the voters. It's that whole pesky democracy thing, you know. I'm sure you could pick better people... just like everybody else.

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    88. Re:Prays? by Checkmait · · Score: 1

      ...nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.

      I hate to labor over this also but what do people not understand about this? It plainly says that no one may be excluded by the governor (or whoever is theoretically responsible for enforcing this), as long as they "acknowledge the existence of a Supreme Being." What the "provided" means is that if someone denies such a Supreme Being, they could theoretically be barred from office. Laws and the legislative branch don't even enter the equation. And as for barring such a law denying atheists office, that would almost certainly not be included in this section.

      We all know that if this was indeed enforced, there would be a royal fuss about it and the Supreme Court would strike down that clause. That was the main premise of this discussion/argument (in case you didn't read the parent comment(s)).

      --
      "All you need is ignorance and confidence; then success is sure." -- Mark Twain
    89. Re:Prays? by orgelspieler · · Score: 1

      I don't think we could get the "Supreme Being" thing changed even if we tried. Just 18 months ago we voted to define marriage as between a man and a woman (without defining those words) by a 3:1 margin. Looks like we're adding ridiculousness to the constitution rather than removing it. If I'm ever elected to office, I'll have to take my oath on the FSM.

  2. School day by aussie_a · · Score: 0

    I don't think it was so much a school day, as a business day. Although the hours could have been better chosen, as could have the amount of notice.

    1. Re:School day by Himring · · Score: 3, Funny

      It is odd. Lawyers, and especially the riaa, are so typically thoughtful....

      --
      "All great things are simple & expressed in a single word: freedom, justice, honor, duty, mercy, hope." --Churchill
  3. Standard legalese by Anonymous Coward · · Score: 1, Funny

    The judge is God.

    1. Re:Standard legalese by alexo · · Score: 1

      > The judge is God.

      Indeed.

  4. School Day == Work Day? by rsmith-mac · · Score: 4, Insightful

    Uhh, I hate to even sound like I'm agreeing with the MAFIAA on anything, but when exactly are they supposed to depose him if not on a school day? The school week and the work week are pretty well aligned, and forcing them to either work on a weekend or wait until he's on vacation is stretching things. Their actions are certainly deplorable, especially giving a one-day notice, but doing it on a school day isn't one of those deplorable actions.

    1. Re:School Day == Work Day? by tomstdenis · · Score: 4, Interesting

      How about do it after class? Unless it's a serious deposition (bah music lawsuit != worth ditching school) it can wait till after. Or better yet, bring the lawyer to the school, do it during a lunch break.

      Why does the music industry feel it should tamper with the education of our minors just to placate some facile legal action?

      --
      Someday, I'll have a real sig.
    2. Re:School Day == Work Day? by rob1980 · · Score: 2, Insightful

      I suppose scheduling the deposition for after 3pm is probably out of the question.

    3. Re:School Day == Work Day? by pla · · Score: 5, Insightful

      and forcing them to either work on a weekend or wait until he's on vacation is stretching things.

      THEY want his deposition. Not the other way around.

      Why should he suffer an inconvenience to suit their schedule?

      In the same situation, if I had to lose a day's pay to humor the RIAA, I'd feel mightily pissed off. OTOH, I have very little doubt that some hungry young lawyer would work OT on the RIAA's dollar to take the deposition on Saturday or some weeknight.

    4. Re:School Day == Work Day? by muftak · · Score: 1

      Where do you work? Wish I could leave at 2.30pm, like I did at school!

    5. Re:School Day == Work Day? by mass · · Score: 5, Informative

      The day in question was one in which the student was required to show up to take the TAKS test, a state-wide standardized test that's required for graduation.

    6. Re:School Day == Work Day? by jedidiah · · Score: 2

      The RIAA can infact hold the deposition anytime they like. They simply need to have all of the principals present as well as the necessary support staff. This isn't something like a trial where you need to book the relevant government building and government official.

      They could hold this deposition at midnight and call it a seance.

      They could simply hold it in the business hours after school.

      They could be accomodating and even ask the guy when would be a good time.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    7. Re:School Day == Work Day? by div_2n · · Score: 1

      Do you really think lawyers don't work on the weekends? You don't know many lawyers I take it.

    8. Re:School Day == Work Day? by 644bd346996 · · Score: 1

      Well, for starters, they could do it after school, rather than demanding that he skip what will probably be an entire school day. They could also have given him more than a day's notice, so that he could arrange to make up missed work and perhaps get notes for the material he has to miss.

    9. Re:School Day == Work Day? by cprael · · Score: 5, Insightful

      The 24 hour notice thing is called abuse of process. It goes beyond the fishing expedition aspects, and gets into "now we're going to use this to screw up your life."

      BTDT.

    10. Re:School Day == Work Day? by Anonymous Coward · · Score: 0

      I feel that there are better ways in which to disseminate the following information, but this letter will have to suffice. In the rest of this letter, I will use history and science (in the Hegelian sense) to prove that every time the RIAA attempts to paralyze any serious or firm decision and thereby become responsible for the weak and half-hearted execution of even the most necessary measures, I feel a surge of pure, unadulterated hatred flow through my body. It's goofy for him to destroy that which is the envy of -- and model for -- the entire civilized world. Or perhaps I should say, it's infernal.

      Inasmuch as I disagree with the RIAA's accusations and find his ad hominem attacks offensive, I am happy to meet the RIAA's speech with more speech and, if necessary, continue this discussion until the truth shines. Even if money-grubbing sciolists join the RIAA's band with the best of intentions, they will still nail people to trees in the near future. Not all, I hasten to add, do join with the best of intentions. I would be grateful if the RIAA would take a little time from his rigorous schedule to burn away social illness, exploitation, and human suffering. Of course, pigs will grow wings and fly before that ever happens. He is locked into his present course of destruction. He does not have the interest or the will to change his fundamentally deluded prognoses.

      Honest people will admit that it's my understanding that the RIAA has become so wicked, so moved beyond the realm of reason, that I feel compelled to do something about the continuing -- make that the escalating -- effort on his part to promote group-think attitudes over individual insights. Concerned people are not afraid to raise barbaric present-day robber barons out of their cultural misery and lead them to the national community as a valuable, united factor. And sensible people know that if the RIAA is going to shatter and ultimately destroy our most precious possessions, then he should at least have the self-respect to remind himself of a few things: First, I, hardheaded cynic that I am, would very much like to see him crawl back under the rock he slithered out from. And second, this is not Nazi Germany or Soviet Russia, where the state would be eager to replace discourse and open dialogue with predatory obloquies and blatant ugliness. Not yet, at least. But onanism doesn't work. So why does the RIAA cling to it? You see, as our society continues to unravel, more and more people will be grasping for straws, grasping for something to hold onto, grasping for something that promises to give them the sense of security and certainty that they so desperately need. These are the kinds of people the RIAA preys upon. The RIAA does not want to agitate for indoctrination programs in local schools because he is apolaustic, jejune, humorless, and violent (though, granted, the RIAA is all of the aforementioned), but rather because I am not making a generalization when I say that in a larger context, the RIAA's careless effusions remind us that acts of racialism continue in our midst. That conclusion is not based on some sort of incoherent philosophy or on the RIAA-style mental masturbation, but on widely known and proven principles of science. These principles explain that by allowing the RIAA to play fast and loose with the truth, we are allowing him to play puppet master. Although he babbles on and on about cronyism, the RIAA has no more conception of it than any other unscrupulous killjoy. He should pay for his mistakes. Surprised? You shouldn't be, because he says that all minorities are poor, stupid ghetto trash. What balderdash! What impudence! What treachery! Our goal must now be to initiate meaningful change. If you believe that that's a worthwhile goal, then I can indisputably use your help. Let me hear from you.

    11. Re:School Day == Work Day? by Anonymous Coward · · Score: 5, Insightful

      Why should he suffer an inconvenience to suit their schedule?


      Because this is one of the RIAA file sharing lawsuits. Making people suffer is their primary objective. The greater inconvenience in the initial stages, the less likely someone will actually challenge them. This is the RIAA saying "We can make life miserable for you and your entire family, and it's completely legal. So cough up whatever amount of money _we_ think is fair, and we won't keep you dangling in legal hell for the next decade."
    12. Re:School Day == Work Day? by Billosaur · · Score: 2

      That's the bigger concern. I think most people would agree that getting served a subpoena and having 24 or less hours notice is pretty poor sportsmanship on the part of the RIAA, but what else is new? The hole they dig for themselves gets deeper all the time.

      --
      GetOuttaMySpace - The Anti-Social Network
    13. Re:School Day == Work Day? by UnknowingFool · · Score: 4, Informative

      Uhh, I hate to even sound like I'm agreeing with the MAFIAA on anything, but when exactly are they supposed to depose him if not on a school day? The school week and the work week are pretty well aligned, and forcing them to either work on a weekend or wait until he's on vacation is stretching things. Their actions are certainly deplorable, especially giving a one-day notice, but doing it on a school day isn't one of those deplorable actions.

      Well special provisions are afforded to minors as opposed to adults. Also one of the objections was that the deposition would be during school hours. Certainly the plaintiff could have done it on a weekend or after school hours, but didn't do so.

      Reading the motion, it appears that the subpoena was done in a very sloppy manner which explains the short notice. It appears that the plaintiff tried to email the subpoena (not legal from what I recall) and to the wrong attorney at first. The plaintiff finally sent a subpoena to the defendants home with less than 24 hours. Now, if it is true that the plaintiff's attorney failed to deliver a subpoena in a timely manner, they should have moved back the deposition to accomodate. It appears that they didn't do that either.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    14. Re:School Day == Work Day? by Paradise+Pete · · Score: 1
      Because this is one of the RIAA file sharing lawsuits. Making people suffer is their primary objective. The greater inconvenience in the initial stages, the less likely someone will actually challenge them.

      He didn't ask why the RIAA wanted him to suffer - that part's obvious. What he asked is why he should suffer.

    15. Re:School Day == Work Day? by Anonymous Coward · · Score: 0

      Those poor lawyers. Having to come in on the weekend or after school hours. We would NEVER burden them with such an awful schedule.

    16. Re:School Day == Work Day? by BlueNoteMKVI · · Score: 5, Informative

      How about some time after 3 PM? That's when school lets out around here - most businesses are open until at least 5. The motion also specifically noted that the student was supposed to take the TAKS test today. TAKS is our statewide standardized test which must be passed for promotion to the next grade or for graduation at the end of high school. If he misses the TAKS test he'll have to make it up at some point, forcing him to miss another day of school. TAKS days are only ~5 days out of the school year depending on grade level. Asking for a deposition on a non-TAKS day would be much less of a burden.

    17. Re:School Day == Work Day? by beadfulthings · · Score: 1

      I dunno. Kids generally get out of school a bit earlier than adults get out of work. Why not set up the appointment for 3:30 or 4 pm if they feel they need an appointment.

      --
      "Here's what's happening. You're starting to drive like your Dad..." - Red Green
    18. Re:School Day == Work Day? by ec_hack · · Score: 4, Insightful

      when exactly are they supposed to depose him if not on a school day?

      Well, it's not just any school day they picked. It's TAKS testing day - a statewide test in Texas that has to be passed to graduate from high school. They picked one of the worst possible days of the year to compel him to show up. They are either evil or ignorant, in my opinion.

    19. Re:School Day == Work Day? by Anonymous Coward · · Score: 1, Insightful

      "Why should he suffer an inconvenience to suit their schedule?"

      The kid's getting a day (a half day more likely) off school. Stop pretending he's "suffering" anything just so you can rant like an idiot against the RIAA.

      They do a lot of reprehensible shit, this is not an example. And just so you're clear, every time an imbecile like you pipes up like you did without sufficient reason, you move closer to zealotry. RIAA is supposed to be irrational, and when they are, our own rationality is a positive. Until jackasses like you come along to fuck it all up.

      Thanks for making it easier for the RIAA dumbass.

    20. Re:School Day == Work Day? by hazem · · Score: 3, Interesting

      Or lose good money paid as tuition. Let's suppose he's paying $2000 for each class and it meets 16 times (a semester), he's losing $125 for each class session they make him miss.

      If they're going to force him out of class for their benefit, they need to pay him for his losses.

    21. Re:School Day == Work Day? by LWATCDR · · Score: 2, Insightful

      Last time I checked school ended around 3 pm. The workday tends to end between 5 and 6 pm.
      They could do it after school.
      Also I have to wonder about going after a minor at all. Can you claim that a minor understands copyright law? This going after kids gives me such warm fuzzys for the music companies to start with.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    22. Re:School Day == Work Day? by Anonymous Coward · · Score: 0

      Well maybe the poor and under paid lawyer can take time out of his incredibly hard day and meet after 4:00pm instead during the day.

      I know they have incredibly hard jobs and must only work from 9:00am until 2:00pm because they are physically exausted and barely make ends meet but they can cut some leeway for this over privileged child that does not have to do anything important all day.

      Wont someone think of the lawyers??? They are so underpaid and have such difficult lives..

      it takes a lot out of you sucking the life out of society daily.

    23. Re:School Day == Work Day? by LoveGoblin · · Score: 4, Informative

      They are either evil or ignorant, in my opinion.
      These are not mutually exclusive.
    24. Re:School Day == Work Day? by Anonymous Coward · · Score: 1, Informative
      If they're going to force him out of class for their benefit, they need to pay him for his losses.

      On a similar note, McDonalds wanted the Coffe lady to pay $20,000 a day for their lawyer team while she sued over her 3rd degree burns. Surprisingly, thats not how the system works...

    25. Re:School Day == Work Day? by frostband · · Score: 1

      Finally the missing piece put into place. How can the summary leave out such vital information?

    26. Re:School Day == Work Day? by LordEd · · Score: 1

      Is there no way to schedule an alternate testing day in cases of hardship? Even with college final exams there was a procedure to arrange an alternate test date (usually borrowing a desk during another courses exam) as long as you had a good excuse and notified the college as soon as possible (ie, car accident, illness, family emergency).

    27. Re:School Day == Work Day? by audacity242 · · Score: 1

      People are deposed on weekends all the time. In most circumstances, the attorneys for both the plaintiff and defendent interact, at the least, with politeness, and will attempt to come together at a mutually agreeable time.

      Further, even if for some reason one party was unwilling to have the depo be done on a weekend, why not at 3pm or some such? The school day typically ends long before the work day, and most depositions aren't nearly as long as TV shows would have you believe.

    28. Re:School Day == Work Day? by mrchaotica · · Score: 1

      ...some facile legal action?

      Maybe it's just me, but I would have called it farcical instead...

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    29. Re:School Day == Work Day? by Jtheletter · · Score: 2, Insightful

      Uhh, I hate to even sound like I'm agreeing with the MAFIAA on anything, but when exactly are they supposed to depose him if not on a school day? The school week and the work week are pretty well aligned, and forcing them to either work
      Well in most places I'm aware of the typical highschooler gets out between 2pm to 3pm, and the typical work day ends at 5pm to 6pm. So there's at least a 2 hour overlap there, as much as 4 hours. Now, of course the RIAA lawyers will no doubt wish to make the deposition as long and painful as possible, but accomodating the school schedule is not impossible. I'll not even get into the 24 horus notice and mis-sent deposition requests that others have pointed out.
      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    30. Re:School Day == Work Day? by Anonymous Coward · · Score: 0

      It seems that the deposition should move to a different day, not the test.

    31. Re:School Day == Work Day? by rah1420 · · Score: 3, Funny

      At the risk of getting ensnared on your hook, you could've read the article and discovered that for yourself.

      --
      Mit der Dummheit kämpfen Götter selbst vergebens.
    32. Re:School Day == Work Day? by element-o.p. · · Score: 1

      While I agree with your sentiment, this is, unfortunately, the way things work.

      A few years ago, I was involved in a wreck that totaled my Toyota Celica (which I absolutely loved). The other party in the accident blew through a red light, and due to the number of SUV's in the turn lane of the street she was on, I couldn't see her coming. My light turned green, I pulled into the intersection, and T-boned her car. The police officer responding to the call issued her a citation for running the red light. A little later, I received a summons because this person wanted to contest the citation in court. I took unpaid time off from work to go to court, as did one of the witnesses to the accident. The other driver? She didn't show. I too was mightily pissed off.

      --
      MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
    33. Re:School Day == Work Day? by Ravensfire · · Score: 1

      I think that both sides are playing some games on this, however. From the defendant's motion, the notice of deposition was sent to the lawyer for the mother. The lawyers for the mother replied that they aren't the attorney's for the kids.

      HUH?

      What's missing from this is the timing of these events. When did the mother's lawyers get the notice? When did they respond to the RIAA?

      I'm guessing that the RIAA is trying to find out if the kids were using the computer. I don't that's too much of a fishing expedition if the IP address for the house is shared by multiple computers.

      I'm surprised that the motion didn't cover those dates. If the defendant's lawyers responded quickly to the initial notice, saying they aren't the right attorney's, why didn't they mention that in the motion? That surely would have strengthed their case. If they responded late (say, 2 days before the scheduled deposition), they might want to avoid mentioning that.

      -- Ravensfire

      --
      "But we decide which is right, and which is an illusion"
    34. Re:School Day == Work Day? by gad_zuki! · · Score: 1

      >Why should he suffer an inconvenience to suit their schedule?

      Welcome to the real world! When you get sued or sue someone (or arrested, or goto court, etc), you'll find out that "DUde, oMG I have class that day" excuse doesn't fly.

    35. Re:School Day == Work Day? by fishyfool · · Score: 1

      The RIAA lawyers are being paided enough, make their asses come to work on Saturday for their normal fee.

      --
      Enjoy Every Sandwich
    36. Re:School Day == Work Day? by FMota91 · · Score: 1, Funny

      These are not mutually exclusive. "OR" is not mutually exclusive.
      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C1 bottles of beer on the wall. Take one down, pass it round... Oh, umm...
    37. Re:School Day == Work Day? by Nimey · · Score: 2

      Read GP again. You missed "either", which implies mutex.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    38. Re:School Day == Work Day? by Anonymous Coward · · Score: 0

      From TFA: ...requesting both individuals to be present for a
      deposition on Tuesday April 17, 2007, in plaintiff's law office at 9:00
      am and 1:00 am respectively.

      1 am? Is 1 am now part of the school day in Texas?

    39. Re:School Day == Work Day? by FMota91 · · Score: 0

      Good point. Sorry for wasting your time.

      Nothing to see here, move along...

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C1 bottles of beer on the wall. Take one down, pass it round... Oh, umm...
    40. Re:School Day == Work Day? by MindStalker · · Score: 2, Insightful

      You should have asked the judge to make her pay your legal cost (this included missed work time etc).

    41. Re:School Day == Work Day? by GreyPoopon · · Score: 0, Offtopic

      Maybe it's just me, but I would have called it farcical instead...

      For some reason, flaccid seems like a better choice of words....
      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    42. Re:School Day == Work Day? by MindStalker · · Score: 1

      This was a pre-trial deposition. They are generally scheduled well in advance to attempt to meet both parties calendars.

    43. Re:School Day == Work Day? by GreyPoopon · · Score: 1

      The day in question was one in which the student was required to show up to take the TAKS [wikipedia.org] test, a state-wide standardized test that's required for graduation.

      Not quite true. In reality, he was required to take the TAKS test during the same week, and missing classes during that week would have been a bad thing. It isn't the same thing, but it's still a pretty big burden.
      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    44. Re:School Day == Work Day? by SoCalChris · · Score: 1
      Personally, I read it as

      ...some fecal legal action That seems rather fitting too.
    45. Re:School Day == Work Day? by rwwyatt · · Score: 1

      TGoo bad the student can't countersue the RIAA for emotional distress while being forced to take the TAKS test.

    46. Re:School Day == Work Day? by Anonymous Coward · · Score: 0

      They are either evil or ignorant, in my opinion.

      Oh that's easy enough. They're both.

      Honestly if I was the Judge, I would not allow the kid to appear in court during school hours. Regardless of their being tests that day. The kid should be in school period. The Riaa lawayers should be reperemanded for even suggesting it.

    47. Re:School Day == Work Day? by Anonymous Coward · · Score: 1, Informative

      high school student

      Read that until you understand it.

      Then never post again.

    48. Re:School Day == Work Day? by maop · · Score: 1

      School let's out after 3:00. As far as I know that's still during business hours. The mofiosos made the deposition at 9:00 am.

    49. Re:School Day == Work Day? by Anonymous Coward · · Score: 0

      When I was a PA at a law firm, we had depositions all the time, any time - days, nights, even weekends.

    50. Re:School Day == Work Day? by pla · · Score: 1

      high school student
      Read that until you understand it.


      Okay, so instead of his money, this wastes my money as a taxpayer. Thank you for pointing that out, I do indeed consider it quite a lot more offensive.



      Then never post again.

      Dear Mr. Kettle...

    51. Re:School Day == Work Day? by cloneofsnake · · Score: 0

      bah music lawsuit worth ditching school pretty much any other activity hence bah music lawsuit pretty much any other activity

    52. Re:School Day == Work Day? by Anonymous Coward · · Score: 0

      "(this included missed work time etc)."

      At which point the judge would say "I'm sorry, but that's not possible"

      Seriously, do you morons ever look into the law before you shoot your mouth off about it? Why would you want to advertise to everyone and their uncle that you're an idiot?

    53. Re:School Day == Work Day? by Original+Replica · · Score: 1

      When you grow up you'll have to pay school taxes too. Government services != free. Any student missing class is a waste of money.

      --
      We are all just people.
    54. Re:School Day == Work Day? by Anonymous Coward · · Score: 0
      I hate to agree as well, but when a kid complains that he or she has to miss school because of some legal problem, my reply is that you should been more careful. It is not always the kid fault, perhaps the underage kid was at a bar, not doing anything bad, but just got caught up in the rush. Or perhaps the the kid was running around with friends in the middle of a school night, and happened to end up at the wrong place at the wrong time. Regrettable, but perhaps the inconvenience will cause the kid to think twice about the behavior next time.

      So, while file coping may not be illegal per se, it is a suspicious behavior, and therefore, perhaps, should not be promoted.

    55. Re:School Day == Work Day? by thephotoman · · Score: 2, Insightful

      But this is not only pre-trial stuff, the kid is not, as far as the documentation says, the defendant, but the defendant's son. What's more, this is a frivolous and abusive lawsuit--not a criminal trial. If you're on trial for criminal charges, you're probably suspended from school anyway--this is generally the state of things in Texas. I don't know what happens if you get acquitted.

      --
      Haec merda tauri est. Ceterum censeo Carthaginem esse delendam.
    56. Re:School Day == Work Day? by Anonymous Coward · · Score: 0

      If you lived in Texas you would know that this week in April is for the TAKS exams. These exams must be passed by high school students in order to graduate under state law. So for him to miss one class this week is probably why the lawyer wanted to squash the deposition on such short notice.
      so, if he is not in school to take the exam, he cannot pass the exam, and therefore he could be kept from graduation due to the depositon for the lawsuit.

    57. Re:School Day == Work Day? by hazem · · Score: 1

      Could be private school.

      Gotta love the Nazis...

    58. Re:School Day == Work Day? by MindStalker · · Score: 1

      Its considered indirect cost. And yes the Judge might have said no, but its not stupid.

    59. Re:School Day == Work Day? by Ungrounded+Lightning · · Score: 1

      You missed "either", which implies mutex.

      Strongly implies but doesn't absolutely require - at least as I learned the language.

      (No appeals to authority please. I'm a native speaker and that's how I use and understand it. The job of the "experts" in language (with the exception of legislated languages such as French) is to identify and document how it is actually used, not prescribe its structure.)

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    60. Re:School Day == Work Day? by frostband · · Score: 2, Funny

      you could've read the article and discovered that for yourself

      And revoke my official slashdotter status? Don't be silly.

    61. Re:School Day == Work Day? by flibuste · · Score: 1

      but doing it on a school day isn't one of those deplorable actions.


      Yes it is one. It also shows (once again) how disrespectful of anyone's life is the MAFIAA and their lawyers.

      Those people obviously believe they are well above everyone. This has got to stop, and will eventually.
    62. Re:School Day == Work Day? by eclectic4 · · Score: 1

      "let's suppose he's paying $2000 for each class and it meets 16 times (a semester)"

      He's paying that much to go to highschool? Yikes... And what highschool classes only meet 16 times a year?

      --

      "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge." - Daniel Boorstin
    63. Re:School Day == Work Day? by hazem · · Score: 1

      Sorry, I missed the "high" and thought he was just using a lot of drugs.

      Marching band practice might only be 16 times a semester/quarter...

    64. Re:School Day == Work Day? by MostAwesomeDude · · Score: 1

      Grammar Nazi here: "Or," in the English language, is an exclusive OR (XOR), not an inclusive OR. It signifies a mutually exclusive phrase. The easiest way to turn it into an inclusive OR is to change the clause into a so-called "or-comma-or" phrase, like so:

      In my opinion, they are either ignorant or evil, or ignorant and evil.

      --
      ~ C.
    65. Re:School Day == Work Day? by justinlee37 · · Score: 1

      School usually gets out around 2 or 3 in the afternoon, can't they take his depo. at 4pm?

      Of course they can, they're just trying to intimidate the accused.

      Their entire strategy here is to make it appear as though anyone downloading any music, anywhere, can get sandbagged out of left field by the RIAA. They want to scare you into not downloading by harassing schoolchildren with baseless gestapo legal tactics.

    66. Re:School Day == Work Day? by Checkmait · · Score: 1

      Uhhh, why don't you take some of your own advice and stop fucking around or piping up without good reason? Many high schoolers I know would truly suffer if they missed a day of school.

      We all can agree the RIAA does so much reprehensible shit but where you are wrong is that this is yet another example of it. A few questions for you to answer: how are the kids (both of them) supposed to commute to and from the lawyers' office? And by the way, parents driving is not an option because that would not only fuck up the kids' schedule, it would hurt the parents as well, who probably aren't going to be very happy about losing several hours of income.

      With every word you write you edge closer to flaming and random attacks. After all, the RIAA is engaged in zealotry, not us. What else do you call intimidation suits? You know, we were having such a good time bashing the RIAA "Until jackasses like you came along to fuck it all up."

      --
      "All you need is ignorance and confidence; then success is sure." -- Mark Twain
    67. Re:School Day == Work Day? by oldsaint · · Score: 1

      Since when did /. readers ever have reverence for dear old wonderful school days. Take a quick poll and you will find that 99.9% were disgusted with school, and would see any alternative as better.

    68. Re:School Day == Work Day? by cprael · · Score: 1

      Ummm, having been on the receiving end of depositions and subpeonas, generally there's a bit of give-and-take to scheduling depositions. FIRST you make sure you've got the appropriate person, and their legal representative, THEN you schedule and subpeona.

      You don't ambush, unless it's absolutely necessary. And even then, 24 hours notice is, shall we say, a might bit unreasonable.

      At least, that's the argument we were going to take to the judge, and that was a putatively one WEEK subpeona (with accompanying HUGE data dump of paper - our estimate ran to 3 cases of paper just to print the requested docs).

      From the information available, the RIAA basically didn't bother with any of the niceties you usually find in a trial. Which, pretty much, means that an abuse of process motion will be a slam-dunk.

    69. Re:School Day == Work Day? by Anonymous Coward · · Score: 0

      You're a moron. The money was spent regardless of whether he showed up or not. I realize the idea of "sunk cost" is well beyond your comprehensive ability, but don't assume the rest of us are microcephalic like you.

      "When you grow up..."

      Is "grow up" a euphemism for have a stroke and lose 98% of my cognitive ability? That's the only way I could reach the level necessary to think your pathetic post was useful or intelligent.

      God, why are you people so fucking stupid...

    70. Re:School Day == Work Day? by Anonymous Coward · · Score: 0

      "Uhhh, why don't you take some of your own advice and stop fucking around or piping up without good reason?"

      I had good reason moron, did you not read the fucking post, or are you incapable of understanding it?

      "We all can agree the RIAA does so much reprehensible shit but where you are wrong is that this is yet another example of it."

      I guess that answers my question, you're too stupid to understand what I wrote. Good to know. NO WE DO NOT AGREE ON THAT. GET IT DICKHEAD?

      "After all, the RIAA is engaged in zealotry, not us."

      That was my original point, thanks for making it. At least you seem to have understood that...

      So, apart from proving what I said, and typing some of the most moronic shit I've ever seen, what was your point?

      Oh, you didn't have one. Then stop posting loser. You;re clearly not bright enough to have a useful opinion.

      Why do you morons always think your on point when you post moronic shit like you did? DO you not realize that you're both wrong and idiotic?

      I guess you don't.

    71. Re:School Day == Work Day? by Prof.Phreak · · Score: 1

      If they're going to force him out of class for their benefit, they need to pay him for his losses.

      Might as well factor all the future lifetime earnings that -may- have been missed due to that hour of class.

      --

      "If anything can go wrong, it will." - Murphy

    72. Re:School Day == Work Day? by threephaseboy · · Score: 1

      Got anything to back that up? Or are you just repeating what someone told you?

      --
      .
    73. Re:School Day == Work Day? by Checkmait · · Score: 1

      When morons like you post it's almost funny. You didn't seem to understand a word of what I wrote. The post you replied to was reasonable, perhaps not your opinion, but reasonable, and so attacking it in the way you did was absolutely stupid.

      I guess that answers my question, you're too stupid to understand what I wrote. Good to know. I'd like to know what kind of source you have. Personally, I have lots of high school friends who would absolutely hate having to leave school for a day because of the amount of makeup work they would be forced to wedge into their schedules. Maybe that's not the case where you live; if so, then we must agree to disagree.

      So to summarize, apart from wandering far from the point and not even understanding my post, you did nothing except shout and point fingers. I appreciate it when you read my post before replying to it. By the way, when you start having to insult someone every other word, it means that the attack is personal and not conceptual. In other words flamebait. Mark Twain said that when you have nothing more to say, shut up, so I suggest that you either find something to say or shut up.

      --
      "All you need is ignorance and confidence; then success is sure." -- Mark Twain
  5. In Other News... by stevens · · Score: 4, Funny

    An RIAA lawyer today tipped poorly at the diner where he eats breakfast.

    June Dawson, 43, waited on him this morning. She is a single mother of two, battling cancer. She was not enthusiastic about the tip: "He left a stinking dime. Next time I'm going to spit in his eggs."

    The RIAA did not respond to enquiries at press time.

    1. Re:In Other News... by Anonymous Coward · · Score: 1, Informative

      What kind of a moron sees this funny?

      Remember, when you dislike something that 'RIAA' does, this is who RIAA is http://www.riaa.com/about/members/default.asp

      Your money talks. Let them hear it.

    2. Re:In Other News... by Anonymous Coward · · Score: 0
      What kind of a moron sees this funny?

      No kidding. It makes me realize that when my jokes get modded funny, well, maybe I'm not really as clever as I think.

    3. Re:In Other News... by RoaldFalcon · · Score: 1

      What kind of a moron sees this funny?

      I thought it was quite funny. But I'm not familiar with your moron classification system, so I can't help you out, Anonymous Coward. Clearly you and I are in separate moron categories.

  6. 3:30 is far better by davidwr · · Score: 1

    I'm sure the kid would much rather miss class than miss hanging out with his buddies after school.

    "Hey Jimmy, you coming to practice?
    Nah, I've got to give some stupid deposition."

    What I want to know: Will it be an excused absence?

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:3:30 is far better by cyphercell · · Score: 3, Interesting

      I think either way, having to show up at court in less than 24 hours is terrifying at any age. Personally, I hate showing up for traffic tickets with a months advance. This just seems like an attempt at disrupting the defendants home life.

      --
      Under the influence of Post-Cyberpunk Gonzo Journalism
    2. Re:3:30 is far better by MaceyHW · · Score: 1

      Even if it's not an excused absence, which is worse: detention or being held in contempt of court and having to pay a fine and possibly going to jail?

      I agree that 24 hours notice is completely unreasonable, I'm just pointing out that detention is the least of this kid's worries.

    3. Re:3:30 is far better by Loconut1389 · · Score: 1

      Just remember a deposition is informal, no judge, just a couple of bitchy lawyers- usually in a cheap conference room with bad coffee.

    4. Re:3:30 is far better by cpt+kangarooski · · Score: 1

      It's not court. It's a deposition. They're usually held in a conference room or some such.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    5. Re:3:30 is far better by mrchaotica · · Score: 1

      Even so, shouldn't a deponent have a reasonable amount of time to prepare for it?

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    6. Re:3:30 is far better by PriceIke · · Score: 2, Insightful

      Then he should be able to say, "No, I can't meet you then. I have class. I can meet you between the hours of (blahblah) on (blahblah) days."

      Why the hell is this even news. This is about scheduling a fucking meeting.

      --
      It's not a lie. It's the truth with lossy compression.
    7. Re:3:30 is far better by Se7enLC · · Score: 1

      At least he doesn't have to show up at 1am like his sister does!

      From the defendant's motion to quash plaintiff's subpeona:
       
      ...requesting both individuals to be present for a deposition on Tuesday April 17, 2008, in plaintiff's law office at 9:00 am and 1:00 am respectively

    8. Re:3:30 is far better by SpaceLifeForm · · Score: 1

      No, it's about RIAA lawyers abusing the system.

      --
      You are being MICROattacked, from various angles, in a SOFT manner.
  7. Go figure. by Mockylock · · Score: 5, Insightful

    RIAA is basically becoming an automated bot nowadays, anyway. I'd be surprised if they don't show up in court as robots with brief cases as well.

    Someone needs to start doing something about RIAA's boundaries and arrogance, considering they're getting so careless with who they're attacking nowadays. How long will it be, before Judges and courtrooms are sick of these petty charges, and start only allowing the larger criminals who actually sell and distribute?

    Right now, you're paying less when distributing marijuana or posessing cocaine, than you are to host MP3's.. EVEN if you're a child!

    There HAS to be a line drawn somewhere.

    --
    "Please, shut up. Just when I think you can't say anything more stupid, you speak again." -Archie Bunker.
    1. Re:Go figure. by Anonymous Coward · · Score: 0

      Someone needs to start doing something about RIAA's boundaries and arrogance you can. Stop buy shit music. Prob. Sol.
    2. Re:Go figure. by Paulrothrock · · Score: 1

      Soon people will be selling smack to feed their music habit!

      --
      I'm in the hole of the broadband donut.
    3. Re:Go figure. by mpcooke3 · · Score: 4, Insightful

      How long will it be, before Judges and courtrooms are sick of these petty charges, and start only allowing the larger criminals who actually sell and distribute?

      Or they could spend their time prosecuting price fixing media cartels.

    4. Re:Go figure. by Mockylock · · Score: 1

      At this rate, nobody will need to buy music. RIAA is probably making more money in lawsuits than it is from album sales.

      --
      "Please, shut up. Just when I think you can't say anything more stupid, you speak again." -Archie Bunker.
    5. Re:Go figure. by Anonymous Coward · · Score: 0

      I hope they do take it to far. No, I'm not talking about legal procedures or new laws or anything. I hope that one day, they will push one of their victims just a bit too far. I hope, sincerely hope, one of them will snap. I do sincerely hope blood will be spilled.

      Can you believe how angry these guys make me? Normally I'm the one to see the good side in everyone. I really don't believe in evil people. I believe in curing people, not punishing them. But if you sent a high-up of the RIAA over here, I'd go for blood.

      Fuck, I need to go outside. Slashdot isn't good for my blood pressure.

    6. Re:Go figure. by Kreigaffe · · Score: 1

      That's been done several times already, I don't recall it ever actually changing anything. Including the price of whatever it was determined they were price-fixing.

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    7. Re:Go figure. by mpcooke3 · · Score: 1

      Sure but lawyers have to do something. What would you rather?

    8. Re:Go figure. by Skevin · · Score: 2, Funny

      > you're paying less when distributing marijuana or posessing cocaine, than you are to host MP3's

      I once got modded down for saying this, but I predicted that the RIAA and Rockstar Games would create a new GTA to reflect the truly heinous crimes in the USA:

      1 star: Making backups of your music
      2 stars: downloading music off the internet
      3 stars: living next door to someone downloading music off the internet
      4 stars: living next door to someone *accused* of downloading music off the internet
      5 stars: playing poker online for real money
      6 stars: not having any real money

      Shooting cops and beating up hookers have nothing on these crimes.

      Solomon

      --
      "Twice half-assed makes an ass whole." --Solomon K. Chang
  8. Wow by EvilGoodGuy · · Score: 3, Insightful

    RIAA is realy getting out of hand with their bullying. It's good to hear news about their losses, but their abviosly winning enough to keep harassing.

  9. There may be a conspiracy by Anonymous Coward · · Score: 0

    I would like to propose a new tin hat, and this one a good one.
    Could it be, that the RIAA lawyers actually think that what the RIAA is doing is a really bad idea so they are purposely doing really inflammatory things to get the American populous and judicial system fed up with their antics? Could it be that the RIAA is actually on our side, and doing their part to end frivolous law suits? Can we hope for a brighter future where file sharing for personal use is ok? Is the RIAA working towards that goal?

    1. Re:There may be a conspiracy by Red+Flayer · · Score: 2, Insightful

      Could it be, that the RIAA lawyers actually think that what the RIAA is doing is a really bad idea so they are purposely doing really inflammatory things to get the American populous and judicial system fed up with their antics?
      Now, I'm normally a bit cynical, so maybe I'm off base here...

      But holy crap, is it really possible to be that optimistic, and if so, where can I get some of what you're on? :)

      The RIAA lawyers are doing really inflammatory things because it keeps the issue of copyright infringement in the news. It's to intimidate those who might consider downloading some music instead of being good little consumers and spending $15 at the record store.

      Also, it's billable hours -- and when legal actions are contested, it leads to more billable hours. So unless they are working completely off retainer, or a percentage of settlements, it makes good financial sense for lawyers to occasionally take action that they know will be contested, or at least require additional time to deal with. This holds as long as the client doesn't get pissed off, and I'm guessing that the RIAA is not unhappy with the results so far (various pending disputes notwithstanding).
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:There may be a conspiracy by AndersOSU · · Score: 1

      I'd be very surprised if these weren't corporate lawyers on salary.

    3. Re:There may be a conspiracy by Red+Flayer · · Score: 1

      Gag. Can't believe I didn't think of that, the most likely option. Thanks.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  10. Why would they need a deposition anyway? by aadvancedGIR · · Score: 4, Insightful

    With their own lawyer and without giving enough time to prepare anything. There is only one possible explanation: what they really want is an intimidation session.
    Since he would not be facing a policeman but the opposition lawyer, can he simply walk away anytime he wants or refuse to sign anything?

    1. Re:Why would they need a deposition anyway? by GodInHell · · Score: 1

      Since he would not be facing a policeman but the opposition lawyer, can he simply walk away anytime he wants or refuse to sign anything? No. The subpeona is issued by the court. There are limits, but deposition rules are waaay complex - generally they have questions prepared ahead of time and you have to go through them all.

      -GiH
    2. Re:Why would they need a deposition anyway? by CyberSnyder · · Score: 1

      Just plead the 5th and say nothing.

    3. Re:Why would they need a deposition anyway? by serialdogma · · Score: 2, Informative

      Quoteth the the fifth: "nor shall be compelled in any criminal case to be a witness against himself".
      The key is that this is not a criminal case, it is a civil case.

    4. Re:Why would they need a deposition anyway? by mkoenecke · · Score: 1

      Sorry: the subpoena is issued by the lawyer, not the court. Perhaps you were thinking of a citation. IAATL (the "T" there stands for "Texas," since it's relevant).

      --
      TANSTAAFL
    5. Re:Why would they need a deposition anyway? by Loconut1389 · · Score: 1

      You can't plead the 5th at a deposition- there's no judge- but you or your attorney can object to any/every question and the other lawyer will have to say something like 'let it be noted that Mr. Smith refuses to answer the question'.

    6. Re:Why would they need a deposition anyway? by agibbs · · Score: 1

      I believe that in most jurisdictions (all?), lawyers are officers of the court and can issue subpoenas for cases they are litigating before the court that have legal force.

    7. Re:Why would they need a deposition anyway? by gnasher719 · · Score: 1

      '' Just plead the 5th and say nothing. ''

      What about reading groklaw for a few months (and please refrain from posting there, because you don't have a clue about the way the law works).

      You would then know that "pleading the 5th" in a deposition will get you into real deep shit trouble.

      On the other hand, a deposition with 24 hours notice is laughable. After all, you need time to let your lawyer examine the deposition, who then needs time to complain to the court if something is wrong, which can then ask the deposing lawyers why the deposition should go ahead, who will then report back to the court, which takes its time to make a decision whether the deposition should be held, which will be given to your lawyer, who tells you, and then you need time to prepare for the deposition (you are supposed to answer their questions truthfully and to know the answers in the first place, so you need to be prepared), and then you need to arrange for travel and so on, so 24 hours notice is just cutting it a little bit fine.

    8. Re:Why would they need a deposition anyway? by CyberSnyder · · Score: 1

      Why read Groklaw when there are plenty of other diversions on the 'Net?? You know, the *good* kind of diversions?

      One thing that irks me about our legal system is the civil/criminal distinction. Some cases are clearly criminal, some clearly civil. But with the RIAA, I'm breaking the law by downloading music. So shouldn't that be a criminal case? But it's much easier to harass the little guy with the less stringent requirements of a civil case. Even OJ who was found innocent (or not guilty) but then subjected to a wrongful death case in civil court. Of course he really was guilty, but to me, it seems like the same thing as double jeopoardy.

      I guess my bitch is that the legal system has just become a big club for the corporations that already have a big legal staff. The little guy can fight and win the case and lose their home and life savings or just roll over and take a lesser loss.

    9. Re:Why would they need a deposition anyway? by GodInHell · · Score: 1

      I won't take you on on local law, so tell me if I'm wrong - but my understanding of the effect is that the lawyer is certed by the court as an officer of the court, and then issues subpoena's durring discovery in her capacity as an officer of the court, rather than as a form of mandatory invitation from an individual.

      Thus, from the court.

      -GiH
      I am just a law student - so I'm often wrong.

    10. Re:Why would they need a deposition anyway? by mkoenecke · · Score: 1

      Yes, that's the theory: a lawyer's authority to issue a subpoena derives from his or her status as an officer of the court. That is why one has to seek a Motion to Quash when served with one, as opposed to filing a Motion for Protective Order.

      That is also why they are more subject to abuse, as in the referenced case: issuing a subpoena to appear the next day for a deposition is considered a "Rambo litigation" tactic, and will not endear one to the court, since it is abusing one's authority as an officer of the court.

      The person I was replying to was under the impression that the subpoena was issued *by the court* (generally after application from an attorney), like a citation or a writ. Subpoenas are different.

      --
      TANSTAAFL
  11. Good thing they didn't go after Mahoney. by Anonymous Coward · · Score: 0

    The Police Academy would of been out its best officer.

  12. What happened? by jakosc · · Score: 4, Insightful

    Also, I just realized '9:00 am the next day' was two days ago, so...what happened?

    1. Re:What happened? by Overly+Critical+Guy · · Score: 0, Troll

      Here is what happened:

      1.) Some kid broke the law and ripped off an artist.
      2.) The RIAA, well within its right to defend itself from theft, took legal action (just like Slashdot said they should seven years ago during the Napster lawsuit..."go after individual infringers!" you all said).
      3.) This kid was deposed like anyone who broke the law might be.
      4.) Pro-piracy propaganda gets posted to Slashdot about how he's being "Deposed On School Day."

      You see, the RIAA scapegoating is done on purpose so that pirates don't feel bad pirating music. If they can remove the artist from the equation and make themselves feel like they're fighting a bad guy, they feel less guilty and ashamed for FUCKING OVER artists and their rights. It will never change the truth that they're just making sure human beings don't get paid for their work, but it's not like pro-piracy arguments have ever made sense or been based on any kind of truth.

      --
      "Sufferin' succotash."
    2. Re:What happened? by Anonymous Coward · · Score: 0

      Ah yes, because the appropriate punishment for being accused of stealing music is to force the kid to be held back a year (the day of the deposition was the day of Texas's standardized advancement test, yay no child left behind), but hey, lets FUCK OVER students for (possibly) FUCKING OVER artists.

      Of course, if the RIAA's lawyer had been able to figure out how to operate a subpoena (protip: emailing it to the wrong person is not a legal way to serve a subpoena) maybe something more agreeable to everyone could have been worked out.

    3. Re:What happened? by Anonymous Coward · · Score: 1, Insightful

      All that, and you still couldn't answer his question.

    4. Re:What happened? by bloobloo · · Score: 1

      No.

      Some kid has been accused of breaking the law. Innocence is assumed until guilt is proven.

      I hope you are never placed anywhere near a jury.

    5. Re:What happened? by Tofystedeth · · Score: 1

      Congratulations. You managed to completely miss both the question and the issue.
      In regards to your first point, this lawsuit is not about the kid breaking the law. It's entirely possible he did, but he is not the defendant in this case, he is the son of the defendant.
      Second, the question was not what the case was, but merely whether the kid actually had to go to the deposition, as it is currently well after the time it was supposed to occur.

      --
      "A little knowledge is a dangerous thing. Drink deeply or not at all."
    6. Re:What happened? by robbiethefett · · Score: 3, Insightful

      you are very true to your nick, Overly Critical Guy.. i can't fault you for that. but the emphasis you placed on "FUCKING OVER" made me think that perhaps there was a direct correlation between downloading and slumping record sales. Of course, on further inspection, i have found no scientifically credible data that would lead me to believe CD sales currently are, or ever will be affected by piracy. I decided to phone one of my friends who happens to make a living from playing music. I asked him what his thoughts were, and the answers he gave me were pretty enlightening.. it seems that most musicians, from unsigned artists, all the way up to the most popular mega bands make the majority of their income from touring and merchandising. those $20 t-shirts you buy at a concert have a several-hundred-percent profit margin. Another interesting tidbit that came straight from the horses mouth has to do with advertising.. apparently most "starving artist" type musicians love the idea of free advertising. at least that's the case with my guinea pig artist and everyone he plays with. according to him, the best thing that could happen to an unsigned musician who is playing professionally would be to have an album or two skyrocket up the "most downloaded" chart. a group's popularity is apparently what pushes more bodies into the venue, and in turn, what ramps up an artist's income. who woulda thunk it? so, yes, you are completely correct; downloading the entire Metallica catalog is, in fact FUCKING OVER metallica for as much as a thousandth of a percent of their yearly income. especially when you see them play live and buy 5 $10 beers and 2 $20 t-shirts at the venue. but hey, i have to agree with you that its appalling that many people on /. were saying to go after individual infringers, where as now they are completely opposed to the idea. i mean, christ, it's almost as if the socio-economic climate has completely changed in 7 years.. despicable rats always changing their stance on issues every 2/3 of a decade or so.. next thing you know, we'll have republicans challenging a republican president's decisions, or even a government rife with opposition to war.. ...i think you get the idea.

      --
      "Luke, you've switched off your targeting computer, what's wrong?"
    7. Re:What happened? by prelelat · · Score: 1

      That would all make sense if:
      1) a)some kid broke the law(innocent until proven guilty
            b)he was the actual defendent(which he is not)
      2) Its not really theft its copywright infringment (still illegal just bugs me when people say that)
      3) It did not infringe on his right to an education. I wonder if he had to miss the test and wasn't able to retake it and was left behind a grade if this would violate some kind of law, or right.
      4) pro-piracy is a buzz word piracy is now used to describe every kind of grey area black area activity dealing with software on the internet. If they took files for non backup purposes then fair use is out of the question, it is illegal. I won't comment on the case and say if she is innocent(The mother is going to court btw not the kid hes probably too young to be sued)

      The truth I like to believe on why people on slashdot are always against these lawsuits is that it seems that they are strong arming people into paying out these lawsuits. They take screen shots of what people are downloading and say that because such and such's IP was doing it, they should be sued. We have seen multiple times where the person being sued didn't have a computer or the internet or what ever. We have also seen where they attack people who are going to have to drop out of university to pay the bills on their lawsuit(honestly they did the crime you should pay for it). The other reason is that artist don't even get a fair share of their profits from what they produce. People have this opinion that the record companies which support the RIAA are not giving their artists a fair share of the profits. They get rich and the artist may go bankrupt(even if they arn't buying 3 jags and a mansion). People have a view that the music industry is corrupt and the fact that they attack their customers(yes some people who download music do go out and buy the CD I have downloaded every foofighters song and I own ever album) doesn't help their image much.

    8. Re:What happened? by jafiwam · · Score: 2, Insightful

      Hey, if you want to arrogantly troll, how about starting your own thread.

      Deliberately misunderstanding the GP and spouting your filth is not going to win you any points here.

    9. Re:What happened? by Anonymous Coward · · Score: 1, Insightful
      1.) Some kid broke the law and ripped off an artist.

      The kid is not the defenant. You, shill, are the only one that alleges that the kid broke any law.

      2.) The RIAA, well within its right to defend itself from theft, took legal action (just like Slashdot said they should seven years ago during the Napster lawsuit..."go after individual infringers!" you all said).

      Copyright infringement is not thieft. Only utter imbiciles equate the two. The difference between copyright infringement and thieft has been explained here often enough that even a stupid asshole flamebait troll like yourself should understand the difference.

      3.) This kid was deposed like anyone who broke the law might be.

      See #1, the kid is not accused of anything, his mother is.

      4.) Pro-piracy propaganda gets posted to Slashdot about how he's being "Deposed On School Day."

      Anti-RIAA is not "pro-piracy". Yes, there are some of slashdot who are pro-piracy, but there are plenty of others here who are not, yet still hate the RIAA's evil souls.

      You see, the RIAA scapegoating is done on purpose so that pirates don't feel bad pirating music.

      Scapegoating? I suppose Osama Bin Laden is a scapegoat, too? The RIAA labels are being pure evil here. A scapegoat is someone who takes the heat for another's actions. Are you stupid or do you think we are? My guess is both.

      If they can remove the artist from the equation and make themselves feel like they're fighting a bad guy

      The artist isn't in the equation, except as dumbasses who have been ripped off themselves by the industry. Take, for example, The Offspring. They wanted to post the entire Original Prankster CD in MP3 form on their web site before the album was released. The label wouldn't let them.

      Despite my boycotting RIAA labels, I bought that one just to support that particular band for their stand.

      And no, I don't download RIAA music. Boycotting is boycotting (although I did make an exception in that one case).

      ...they feel less guilty and ashamed for FUCKING OVER artists and their rights.

      You're a psychologist? Or are you a mind reader?

      Would somebody PLEASE mod this damned flamebaiting troll to hell? And please don't mod my post (this one) up either.

    10. Re:What happened? by Anonymous Coward · · Score: 0

      Bullshit troll aside, what DID happen?

    11. Re:What happened? by Anonymous Coward · · Score: 0

      You are the biggest fucking piece of shit I've ever come across.
      My captcha is "disdain", how appropriate for you, you fucking asshole.

  13. Re:News for nerds, stuff that really matters by Anonymous Coward · · Score: 0
  14. hmm by nomadic · · Score: 3, Insightful

    The fact that it's scheduled on a school day is no big deal. I've never seen a depo scheduled on a weekend.

    One day notice is pretty weird, though. Traditionally you clear dates with opposing counsel as professional courtesy, or you at least set it far enough in advance to work things out.

    1. Re:hmm by dgatwood · · Score: 2

      Unless the prosecution's lawyers found out that he had to take a critical test and decided to try to cause as much harm as possible to the defendant for daring to stand up to them....

      From their previous tactics, there is no reason to believe that their lawyers have any real sense of ethics or morality. They are like attack dogs who go after the person on whom their masters sick them. Frankly, there is more honor among personal injury lawyers. Chances are, they knew exactly what they were doing.

      Frankly, I would recommend following up with the bar association instead, and if that fails, suing the lawyers for harassment. My point is that the lawyers would be wise to be very paranoid until this case is over. Generally, when someone is so blatantly abusive towards another person, there are generally negative consequences.

      That said, if I were that kid, I would probably be thinking of ways to cause them harm in return rather than trying to attack the lawyers in court. I could easily see somebody under these conditions breaking into their homes/offices and rearranging the furniture, turning in their kids for dealing drugs, phoning them and playing back sounds from a cock fight. calling them repeatedly in the middle of the night so they don't get any sleep... you know, psyops stuff. Either that or sneaking up to the law offices in the middle of the night and soldering the door locks shut so that the prosecution's lawyers can't show up at the deposition location. Or both.

      Maybe even something more subtle like planting the drugs in their kids' lockers (and putting poppy seeds in their food so they test positive for opium when the time comes), disconnecting the building ground so they get a small shock every time they touch any appliance at the office, taping a raw fish under one of the office desks when you show up for the deposition and throwing fresh fruit behind the file cabinet (after about a week, the stench would be overwhelming), spraying cadaverine and/or putrescine in their cars, sticking fake bullet holes to their windshield/hood, taking off all of their lug nuts and putting them in the back seat, fastening their car to the garage door with a safety cable (excuse me, why are you dragging a garage door behind your car?), forging a letter from a judge reminding them of a court appearance at the same time as the deposition, or somehow slipping sodium thiopental into the lawyer's coffee and then deposing him/her on camera (Do you honestly think you have a case? No? Then why are you suing?) and mailing copies of the tape to major news outlets.

      Again, not the sorts of tactics I'd recommend, but man, would some of them be fun. :-)

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    2. Re:hmm by robinsonne · · Score: 1

      Traditionally you clear dates with opposing counsel as professional courtesy

      Sadly, I don't think professionalism or courtesy are requirements for working for the RIAA.

    3. Re:hmm by nomadic · · Score: 1

      Frankly, I would recommend following up with the bar association instead, and if that fails, suing the lawyers for harassment.

      There just aren't grounds for it yet. Lawyers are expected to exhaust lesser avenues before escalating to that level. In this case the easiest thing to do is call opposing counsel and ask them to reschedule. If they don't, you file a motion for protective order. Or I guess these lawyers did a motion to quash, which works as well. If they keep doing that, then you can start asking the judge to impose sanctions. If that doesn't slow them down, at the end of the road you can file a bar complaint.

    4. Re:hmm by dgatwood · · Score: 1

      There aren't grounds yet in this particular case. However, they have shown a pattern of this sort of abuse through all of the RIAA court cases. That should hold a lot of weight.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  15. No reason by TJ_Phazerhacki · · Score: 0
    That he can't be deposed on a weekend. The RIAA are already soulless drones who neither eat nor sleep. Why do they need time off like everybody else?

    I pretty much just picture them much like Naz'Gul, although they are sleightly more motivated and they drive black sedans these days. Still dripping blood!

    --
    Physics is nothing like religion. If it was, we'd have an easier time trying to raise money!
    1. Re:No reason by GodInHell · · Score: 1

      Actually, they're humans wearing dark suits and crisp white or light blue ties - and they smile alot. >shiver
      -GiH

    2. Re:No reason by MikeTheYak · · Score: 1

      IBM's lawyers moonlight for the RIAA?

  16. Re:News for nerds, stuff that really matters by Anonymous Coward · · Score: 0, Troll

    DIGG!!

  17. They work weekend anyway. by GodInHell · · Score: 2, Insightful

    Lawyers work weekends as a matter of course. Asking them to put off the deposition till a mutually useful time is no injustice - giving 24hrs notice is.

    -GiH

  18. TAKS Test by FerociousFerret · · Score: 5, Informative

    The real kicker here is not that it is a school day, but it is during Texas Assessment of Knowledge and Skills (TAKS) test week as well and the one day notice.

    1. Re:TAKS Test by soft_guy · · Score: 2, Funny

      it is during Texas Assessment of Knowledge and Skills (TAKS) test week At least he won't be missing anything important.
      --
      Avoid Missing Ball for High Score
    2. Re:TAKS Test by ari+wins · · Score: 1

      I admit, I haven't looked at any recent state by state comparisons, but wouldn't his absence in fact be an improvement in this instance?

      --
      Don't worry if you're a kleptomaniac, you can always take something for it.
    3. Re:TAKS Test by TheGratefulNet · · Score: 1

      but its GOOD for society if people stand their moral ground and VIOLATE bad laws.

      should I mention slavery was once legal and even encouraged?

      surely you admit that law != justice

      breaking bad laws is your DUTY as an american. our whole country started by violating the 'wishes' of the UK gov (some 200+ yrs ago).

      --

      --
      "It is now safe to switch off your computer."
    4. Re:TAKS Test by Vulch · · Score: 1

      Err, no. They're defending the *son* of a guy who is *alledged* to have broken the law.

    5. Re:TAKS Test by Anonymous Coward · · Score: 0

      RTFA. His mom is the defendant.

    6. Re:TAKS Test by Reverberant · · Score: 1

      No, the real kicker is that you guys are defending a kid who broke the law, just so you can scapegoat the RIAA and make yourselves feel better about pirating music from hard-working artists. "The RIAA made me do it!"

      Um, if you bothered to read the motion, you would know that the "kid" is not the defendant, he's the defendant's son

    7. Re:TAKS Test by sharkey · · Score: 1

      No, the real kicker is that you guys are defending a kid who broke the law

      ObMontyBurns: Thank God we live in a country so hysterical over profit that a child (who just happens to have a parent involved in a civil lawsuit that has no judgment yet) can be denied education and convicted of a crime without a warrant, probable cause, an arrest, charges filed or a day in court to be found guilty of breaking the law!

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    8. Re:TAKS Test by FrameRotBlues · · Score: 1

      ... make yourselves feel better about pirating music from hard-working artists. Considering the amount of actual labor involved per unit of payment, I think "hard-working artists" ranks right up there with "hard-working football players" and "hard-working actors." They're not wiping away the sweat and dirt from their forehead for $9.25 an hour, building a school for your kid, or barely making ends meet to produce the milk you drank for breakfast this morning.
    9. Re:TAKS Test by FerociousFerret · · Score: 1

      No, the real kicker is that you guys are defending a kid who broke the law

      I wasn't defending the kid of anything, and as others have said, he isn't even the accused. Rather than being professional about it and arranging an agreeable time for the deposition of a minor, they give a 24 hours notice to appear on a school day which also happens to be on the same day as a mandatory TAKS test. The defendant may very well be guilty, but that doesn't mean the RIAA lawyers get to abuse the system and this kid without someone taking notice.

    10. Re:TAKS Test by jafiwam · · Score: 1

      No, you arrogant shitbag.

      Slashdotters want the law to be applied fairly and with a chance for all sides to be heard in due process.

      24 hours notice on a test day does not fall under fair hearing in due process.

      Go back to whatever right wing trashbag site you regularly inhabit asshole.

    11. Re:TAKS Test by hal2814 · · Score: 1

      "barely making ends meet to produce the milk you drank for breakfast this morning."

      That's just disgusting! I drink milk that was produced by cows thank you very much.

    12. Re:TAKS Test by FrameRotBlues · · Score: 1
      Yeah, but unless you were in the barn, under the cow, squeezing the tit this morning, there's more to producing milk than just the cow. It gets to your grocery store somehow.

      I did have to laugh at that, tho. Good catch!

    13. Re:TAKS Test by Fujisawa+Sensei · · Score: 1

      Awww, cannot make ends meet playing music?

      Get a haircut and get a real job.

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    14. Re:TAKS Test by Lost+Race · · Score: 1

      How is cow milk any less disgusting than human milk?

  19. Just say no? by Tweekster · · Score: 1

    What would happen if you responded with "No, that will not be happening tommorow, you can reschedule for later in the week"

    --
    The phrase "more better" is acceptable English. suck it grammar Nazis
    1. Re:Just say no? by Lxy · · Score: 1

      You automatically lose the case. That's why this is a big deal, the RIAA is abusing the legal system.

      --

      There is no reasonable defense against an idiot with an agenda
      :wq
    2. Re:Just say no? by Shadow+Wrought · · Score: 4, Informative
      You automatically lose the case.

      I may not be a lawyer, but I know this to be false. Don't give the RIAA any more power of fear than they already enjoy. Deponents can object, if a witness refuses the moving party can ask for a motion to compel, there are lots of rememdies other than automatically losing. The biggest problem isn't that the kid is going to miss school, its that they are attempting to take his deposition with only 24 hours notice. In my experience as a paralegal, again- IANAL, that is simply poor if not abusive practice.

      --
      If brevity is the soul of wit, then how does one explain Twitter?
    3. Re:Just say no? by Anonymous Coward · · Score: 0

      >You automatically lose the case.

      The case isn't being brought against this kid, but his mother. If I sue the RIAA, and deposed Santa, he probably wouldn't show up, but I'm not suing Santa, so it doesn't mean I win the case.

    4. Re:Just say no? by Creepy+Crawler · · Score: 1

      And I believe it's a catch 22.

      You have 2 options:

      Go to school and skip deposition.
      Go to deposition and skip school.

      Skipping a deposition is illegal in that the judge can "punish" you with jail time.
      Skipping school is illegal to truancy laws and can be punished with ... jail time.

      Best recourse: petition a judge for deposition for Saturday so that it doesnt conflict with local truancy laws.... if you want the deposition in the first place.

      --
    5. Re:Just say no? by Anonymous Coward · · Score: 0

      Way wrong. The reality, if you called them and told them no first, mostly likely nothing happens. Of course, they bitch and moan and go crying to judge trying to get you arrested, etc. But, the judge will likely just make the kid sit for his deposition in a short period of time. The proper thing to do, of course, was what they did, tell the judge to quash the subpoena.

    6. Re:Just say no? by Tweekster · · Score: 1

      That is 100% false.
      you do not automatically lose the case for refusing a certain deposition schedule.

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    7. Re:Just say no? by NewYorkCountryLawyer · · Score: 1

      Ignoring a subpoena is a dangerous business. Never advisable.

      --
      Ray Beckerman +5 Insightful
    8. Re:Just say no? by Tweekster · · Score: 1

      I didnt say ignore it.

      but when they say "be here at 9am tommorow"

      you come back with "No that will not work for me, 11:30-12:00 next thursday will work see you then"

      Basically dont let them dictate the terms

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
  20. This is abuse of law - even in turkey by unity100 · · Score: 1

    there are laws against exploitation of legal system in order to suppress, intimidate, extort people.

    arent there any in united states ?

    1. Re:This is abuse of law - even in turkey by rahvin112 · · Score: 0, Troll

      Yes we have those laws to. Is it harassment if you had something stolen and you were suing someone to reclaim the lost property value in Turkey? Cause contrary to what you and many others think about it, Sharing and Downloading of Copyrighted material is illegal in the US, and likely is in Turkey as well. It's not harassment to recover damages using the court system.

    2. Re:This is abuse of law - even in turkey by orclevegam · · Score: 1

      Yes, but the RIAA is just slippery enough to skirt the edge of legal without actually being able to be charged. In theory if they pull stunts like this a little too often then the lawyers might be brought before the state bar for disciplinary action, but being as it's run by fellow lawyers short of openly insulting the judge (repeatedly) or some sort of egregious legal offense it's rarely done. IANAL, but I've been known to peruse groklaw from time to time (as an indicator of what it takes, check the history of Jack Thompson, a complete raving nut-job who's been brought before the bar twice, but is somehow still licensed to practice law).

      --
      Curiosity was framed, Ignorance killed the cat.
    3. Re:This is abuse of law - even in turkey by Anonymous Coward · · Score: 0

      there are laws against exploitation of legal system in order to suppress, intimidate, extort people.

      arent there any in united states ?


      Yes, there are. See SCO vs. IBM, for example. Four years running.

    4. Re:This is abuse of law - even in turkey by Anonymous Coward · · Score: 0

      Is it harassment if you had something stolen and you were suing someone to reclaim the lost property value in Turkey?

      Copyright infringement is not stealing.

    5. Re:This is abuse of law - even in turkey by unity100 · · Score: 1

      well, cigarette manufacturers had strong supporters that they were funding in the congress, and even probably judiciary system too, but they got busted numerous times ?

    6. Re:This is abuse of law - even in turkey by Anonymous Coward · · Score: 0

      Since you haven't been following this tread very closely, I'll reiterate...

      The abuse of legal process was the subpoena for deposition with ONLY 24 HOURS NOTICE. You are the only participant in your argument about the defendants being illegal or notice... and, by the way, even then it is not stealing... the correct phrase is copyright infringement.

  21. Bad precendent... by Anonymous Coward · · Score: 1, Funny
    Now kids will be downloading and reporting themselves to the RIAA so that they can get out of school!

    The good news is maybe this will make call in bomb threats obsolete.

  22. Think "jurry duty" by GodInHell · · Score: 1

    You automatically lose the case. That's why this is a big deal, the RIAA is abusing the legal system. Enh, wrong answer.

    The subpeona is not to the defendant, it is to a "related" party. So you're looking at fines / bench warrants.

    -GiH

  23. Not to defend the RIAA... by Anonymous Coward · · Score: 0

    but in a glimmer of hope that there may be a soul in at least one employee, the RIAA has agreed, in the wake of recent events, to stop sending referrals to Virginia Tech "for the foreseeable future."

    1. Re:Not to defend the RIAA... by Anonymous Coward · · Score: 0

      I fail to see how the two are in any way related. Surely unrelated criminal events shouldn't have an effect on civil proceedings.

    2. Re:Not to defend the RIAA... by Anonymous Coward · · Score: 0

      Only until they are certain none of the dead students are on the list, then they will resume.

  24. RIAA's fishing expedition by t35t0r · · Score: 4, Insightful

    The defendent's attorney said:

    The subpoena is being used for patently improper purpose, namely as a fishing expedition by plaintiffs'

    That sums up the RIAA's entire strategy.

  25. This is news? by eno2001 · · Score: 2, Insightful

    I think any legal proceedings trump private life regardless of whether you agree with the instigators of said proceedings. That's just the way it works. The only exception I can see is jury duty, where they allow you to miss out if you're in college. Usually.

    --
    -"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
    1. Re:This is news? by SithLordOfLanc · · Score: 1

      That's all well and good; however, in most states (in the US) high school attendance is mandatory. The lawyers should have known better. The judge will undoubtedly frown on this...

  26. Lawyer == Lawyer by Nymz · · Score: 1

    The 2 points given in the summary, that of normal court hours and reasonable notice > 24 hours, are both weak arguments. I suppose we shouldn't assume that just because we know the MAFIAA lawyers are bad guys, that lawyers on the other side aren't also bad guys.

    It's not like the universe owes us a 50/50 equal distrubution of good and bad lawyers.

  27. Hightower's in trouble? by Rob+T+Firefly · · Score: 2, Funny

    Quickly! Get Jones in there to make some funny noises with his voice until Zed scream incoherently and Mahoney makes one of his moving speeches!

    1. Re:Hightower's in trouble? by Adambomb · · Score: 1

      Now thats a scary uniform.

      --
      Ice Cream has no bones.
  28. School's wasted on the kid anyway by Shadow+Wrought · · Score: 4, Funny
    His dad is obviously a music pirate, otherwise the RIAA wouldn't be bringing the lawsuit. Since we all know that pirates' sons always takeover the family business, it doesn't take a genius to see that the only thing this kid needs from school is enough math to count all the billions of doallars he's going to steal from the hard working middle managers of the music business.

    They're doing him a favor. Really.

    --
    If brevity is the soul of wit, then how does one explain Twitter?
    1. Re:School's wasted on the kid anyway by Red+Flayer · · Score: 1

      Since we all know that pirates' sons always takeover the family business
      I beg to differ: (emphasis mine)

      "The man I inherited it from was not the real Dread Pirate Roberts, either - his name was Cumberbun. [...] So we sailed ashore, took on an entirely new crew and he stayed aboard for awhile as first mate, all the time calling me Roberts. Once the crew believed, he left the ship and I have been Roberts ever since. Except now that we're together, I shall retire and hand the name over to someone else. Is everything clear to you?
      Sometimes simple farmboys takeover the family piracy business, or potentially even master fencers whose lifelong quests for vengeance have been fulfilled.
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:School's wasted on the kid anyway by Shadow+Wrought · · Score: 1
      Well that's what happens when you assume;-)

      I keep waiting for a devout Pastafarian to offer up the defense that they were pirating music to counter Global Warming. Arr.

      --
      If brevity is the soul of wit, then how does one explain Twitter?
  29. What would happen... by Quiet_Desperation · · Score: 2, Insightful

    ...if the kid just ignored the order? Would the RIAA have the cops come and drag him out of his house in cuffs? What if news cameras were there? There needs to be a revelation of this crap to the wider public. Just ponderin'...

    1. Re:What would happen... by statusbar · · Score: 1

      Perhaps they would have the cops come and drag him out of school?

      --jeffk++

      --
      ipv6 is my vpn
  30. It's intentional by dkgasaway · · Score: 5, Interesting

    I'm convinced the school-day deposition request is very intentional. They want the other kids to know the boy missed an important school day because he was in hot water over file sharing. It's all part of their perverse scare tactics.

    1. Re:It's intentional by SaxMan101 · · Score: 1

      The kicker in all of this is he hasn't been found guilty yet. So what the RIAA is really saying is that the kid's in hot water because he got picked at random to be fucked with. That doesn't do much to breed good little patriots who beleive in the system. It says that if someone with enough money wants to ruin your life, you're done for.

      --
      Normal is a setting on a washing machine.
    2. Re:It's intentional by compro01 · · Score: 1

      The kicker in all of this is he hasn't been found guilty yet.


      and the bigger kicker in all of this is that he is not even the defendant. it is his mother that is being sued.
      --
      upon the advice of my lawyer, i have no sig at this time
  31. Response: by debrain · · Score: 4, Insightful

    Say your lawyer is busy. You are entitled to your choice of legal representative.

    Serving a notice for a sworn deposition on one day's notice is contrary to the rules of professional conduct, and can (and should) result in penalties against the lawyers' clients in court, as well as with with the lawyer regulatory disciplinary authority.

  32. Holy crap, I RTFpdf... by Anonymous Coward · · Score: 0

    1. Plantifs are UMG Recordings Inc.

    11. Nicholas Hightower's only relation to the case is is that the defendant s [sic] his mother


    !!!!!!! WTF??? How do you spell "evil?"

    The subpeona is ... a fishing expedition by plantiffs' [sic]

    I'd repeat a bunch of old, stale lawyer jokes but this just isn't funny. If I were this kid's mother I'd be... I'd be... I'd... Oh hell I don't know what I'd do, but it would probably be stupid.

    Which is probably what the MAFIAA lawyers want. That's an old boxing trick, if you can piss off your opponent you've most likely won the boxing match, even if you get your ass kicked.

    This is nothing short of pure evil. And you're going to buy one of their CDs or download one of their files? WTF is wrong with you people????

    -mcgrew

  33. How to avoid RIAA entanglements by kimvette · · Score: 3, Insightful

    1. Quit downloading RIAA music
    2. Do not share RIAA music (help prevent the spread of mindshare) (ugh, I hate buzzwords)
    3. Do not buy RIAA music (or if you do, stick to back catalogues from USED CD/record stores)
    4. Do not tune to new RIAA music on the radio so you can avoid being tempted to buy new product from RIAA

    By doing so, RIAA members will eventually either go broke or go independent, and the independent labels will rise in popularity as their buying power increases beyond that of the dying RIAA cartel.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    1. Re:How to avoid RIAA entanglements by digitalhermit · · Score: 1


      1. Quit downloading RIAA music
      2. Do not share RIAA music (help prevent the spread of mindshare) (ugh, I hate buzzwords)
      3. Do not buy RIAA music (or if you do, stick to back catalogues from USED CD/record stores)
      4. Do not tune to new RIAA music on the radio so you can avoid being tempted to buy new product from RIAA
      :D

      I started doing this a while ago.. Yes, I still buy some RIAA music, but for the most part I'm downloading (i.e., purchase and download) from other sites. I'm horribly pedestrian and average in my musical tastes (though I like to think otherwise). If I'm in any way like the millions of other fans of music (and this is likely the case), then the reason for the drop is music sales is *directly* related to the RIAA.

      So musicians, artists, etc., should blame the RIAA for destroying traditional music sales.

    2. Re:How to avoid RIAA entanglements by Anonymous Coward · · Score: 0

      By doing so, RIAA members will eventually either go broke or go independent, and the independent labels will rise in popularity as their buying power increases beyond that of the dying RIAA cartel.

      Oh please. You're preaching to the choir here.

    3. Re:How to avoid RIAA entanglements by hackstraw · · Score: 2, Insightful


      Here is a list of successful product boycotts: http://www.ethicalconsumer.org/boycotts/successful boycotts.htm

      The differences between these boycotts and an RIAA boycott is that the successful ones were more tied to ethical reasons.

      Nobody really wants to boycott the RIAA's artists. The problem is simple. We simply want a different product, but the RIAA people are so stuck into pushing expensive plastic disks on us that we have to then take home, possibly illegally rip them to a usable format. Trash the stupid tracks that we paid for, and then contend with issues like labeling the tracks correctly and getting the relative gain right between different tracks.

      The thing that sucks is that there is a clear market for a new method of music distribution and playback, but the asshats that control the content to make this market happen are a decade behind the market, and the only thing they can think of to satisfy the new market is to sue people into submission and force a decade old technology onto willing and potential customers for a new product.

      Imagine if the RIAA was suing people for using CDs in the 90s, and only selling LPs, cassettes, and 8 tracks?

      That is what they are doing today. CDs in the 90s had advantages over other technologies, and the consumers voted with their dollars to have that format as the dominant one. Today, customers want digital files so they can have more variety in a smaller space than CDs can provide.

      The market has spoken, and I don't recommend quitting downloading and buying of RIAA music, but rather I recommend downloading the stuff as you please. I cannot recommend buying a plastic CD, taking it home, and wasting your time to convert the thing so you can play it on your computer and/or digital music player. If you are happy with the CD format, then by all means don't change. But I have hundreds of CDs that I simply don't listen to anymore because they are too much of a PITA to use. I've gone digital with my music, but I am still dissapointed in the effort it takes to get the labeling and the relative track volumes correct, and getting the album art, and all that.

      Even "stealing" music for me takes a bunch of my time that I would rather not have to do vs just buying a product or service, but nobody will sell me those, so I'll keep doing what I'm doing.

    4. Re:How to avoid RIAA entanglements by Detritus · · Score: 1

      Let the RIAA hijack our common culture? Fuck that. I'd rather throw all the record company executives, and their lawyers, into the nearest volcano.

      --
      Mea navis aericumbens anguillis abundat
    5. Re:How to avoid RIAA entanglements by RobBebop · · Score: 1

      Re: #4 Do not tune to new RIAA music on the radio so you can avoid being tempted to buy new product from RIAA The RIAA gets no benefit from me tuning to a station that plays their music. Back when they weren't so evil, lots of good artists released music through them and I live that blend of classic rock. I think what you mean is "Do not request that your radio station of choice plays music from an RIAA band". === As an aside... I have Sirius and generally tune to Alt Nation - though lately have taken an interest in Left of Center which plays lots of bands who are probably unsigned (though the DJs don't make specific mention about that information).

      --
      Support the 30 Hour Work Week!!!
    6. Re:How to avoid RIAA entanglements by Anonymous Coward · · Score: 0

      Yeah, Hi there "kimvette." We'd like to compel you to talk about this plan in further detail. How's tomorrow, 10:00am? Not good? Too bad!

      Thanks in advance, RIAA.

    7. Re:How to avoid RIAA entanglements by Anonymous Coward · · Score: 0

      Fuck that kimvette, your suggestions still mean bending over and taking a swollen penis in the anus.

  34. they are not "suing" by unity100 · · Score: 1

    they are using lawsuits and legal procedures for INTIMIDATING and SUPPRESSING people they sue.

  35. RIAA's view of everyone = faceless human by kinglink · · Score: 1

    RIAA has been successful for one reason, they are doing volume over value yet again. Every time they can find someone downloading any music that looks like they own they go with plan 15B. Cease and desist, sue, profit.

    It's worked so far so why are we surprised that they are continuing with it? Expect them to continue this way. The subject of the lawsuit is faceless and nameless to them. Doesn't matter if it's a grandma, a 8 year old, or a athlete, they all are guilty to the RIAA. You know those adds that show people saying "I got it" "I got it" and it's every race, religion, age, and sex. Well to the RIAA it's the same way except they are saying "I stole." Why have a different strategy for each person.

    It's good to see people fighting against the tyrants pushing this down the courts throat but at the same time I have to realize that some of these people like did steal large quantities of music before it came to this step. Still that's no reason to act like this kid isn't in school. What's next? Demanding he goes to jail for 10 years?

  36. What happens when a disposition is blown off by Pi3141592 · · Score: 5, Informative

    Dispositions are required attendance, which is why a subpoena is generally issued to enforce them. If he blows off showing up, the consequences (if any) are entirely up to the judge who issued the subpoena.... who, if particularly pissed off that day, could find him in contempt of court and sentence him to jail time. Under the circumstances, though, I can't see any (reasonable) judge doing this.

    1. Re:What happens when a disposition is blown off by jrockway · · Score: 1

      Kids aren't responsible for murdering people but they are responsible for missing school to go to a deposition that doesn't even apply to them? I think it's time to overthrow the government, or something.

      --
      My other car is first.
    2. Re:What happens when a disposition is blown off by Anonymous Coward · · Score: 0

      What's a disposition in this context?

  37. Under 18? by Anonymous Coward · · Score: 1, Insightful

    If the kid's under 18, he should just tell them to f-off.

  38. Depositions and weekends by alexhmit01 · · Score: 1

    Normally the lawyers involved schedule a deposition. You can cancel with sufficient notice, all sorts of games get played. While lawyers work weekends, depositions really need to be during the week. You need: 1) Both attorneys, 2) the one being deposed, 3) anyone from either side that wants to be present, 4) any counsel from related lawsuits if you end up with something hairy, and 5) someone to transcribe the session.

    The odds of being able to schedule EVERYONE involved except for Monday-Thursday (even Friday's get hairy, as it's harder to run over time on Fridays, etc., lawyers want Fridays for catch-up, etc.) is nearly impossible.

    That said, 24 hours notice with a subpoena? Something isn't right, because generally counsel tries to mutually schedule the depositions, and subpeonas only take place after a motion to compel if one side is no-showing. IANAL, and not a Texan, but this seems extremely shady. In an intimidation case, this makes sense, because the more shady things the more you run up the other side's legal bill, but sanctions and other things prevent total abuse.

  39. Why stop there? by Anonymous+Meoward · · Score: 2, Insightful

    5. Rip 5 copies of your favorite RIAA-produced CD (or song collection from various CDs)

    6. Add a track with the following (more or less): "If you enjoy the music on this CD, please make it a point to compensate the artists, but not by buying the CD from which this track came." And add a small explanation for the boycott. Then: "Please make five copies of this CD and distribute randomly, including this track."

    7. Place your 5 copies in random yet conspicuous places, with only the phrase "Take me to your CD player" on the front of the disc. Leave them on park benches, in restrooms, on buses, wherever.

    --
    --- The American Way of Life is not a birthright. Hell, it's not even sustainable.
    1. Re:Why stop there? by Anonymous Coward · · Score: 0

      I think you got something there. You should run with that, I can see it exploding into another nightmare for the RIAA.

    2. Re:Why stop there? by Anonymous Coward · · Score: 0

      How exactly is copying and using their product a boycott?

    3. Re:Why stop there? by Anonymous+Meoward · · Score: 1

      Because you're not paying to use it. Rather, you're urging the listener to support the bands, not the record company (or any other minion of the MAFIAA).

      You don't think any significant percentage of CD sales goes to the artist, do you? Maybe enough to cover studio costs, but that's it. The bands would be better off with your direct contributions.

      And let's distinguish between "listening to music" and "using product". The RIAA would love to have you think that music is like shaving cream (or as Jeff Tweedy put it, a loaf of bread): you consume music, and must be forced to buy it again once it has been "consumed" already. Obviously, that's not the case. You do have fair use rights (that these folks would love to have people in power ignore.. and they are succeeding at this, by the way, but I digress as usual).

      Does music count as "product"? I hope not, on many levels. First, it means that art in our society has no value beyond a market price -- that's pretty sad. Second, music can't really be sold this way anymore, now that the RIAA no longer has an exclusive lock on the only distribution network available. If it weren't for the costs of promotion activity, no artist would soon "need" a record label to push "product".

      Maybe it's time, once and for all, to tell the RIAA to lead (with a new business model) or get the hell out of the consumers' way.

      --
      --- The American Way of Life is not a birthright. Hell, it's not even sustainable.
    4. Re:Why stop there? by kimvette · · Score: 1

      By exposing yourself and your friends to new materials, you are still tempting yourself to purchase new material from the RIAA.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  40. We're seeing a pattern of behavior by Anonymous Coward · · Score: 1, Interesting

    As we get more and more cases where the RIAA has abused process and brought meritless cases, we are seeing a pattern of behavior. That can be used by defense lawyers to get cases thrown out that the RIAA would have previously have won. As it becomes apparent that the RIAA is abusing the system, we will see more and more cases where the defendants go after and win damages.

    The following logic will develop:
    Lawyer: "The RIAA has a record of bringing cases against people who are obviously innocent. Therefore, the evidence the RIAA uses to identify defendants is faulty. The RIAA's case should be thrown out unless they can produce better evidence. They should also pay my client's legal bills."

    1. Re:We're seeing a pattern of behavior by Checkmait · · Score: 1

      They should also pay my client's legal bills. Correction: "They should also pay me."

      You know, the real winners in all these suits are the lawyers who get megabucks regardless of the outcome....

      --
      "All you need is ignorance and confidence; then success is sure." -- Mark Twain
  41. Re:News for nerds, stuff that really matters by Dogtanian · · Score: 2, Insightful

    DIGG!! +5 Funny!

    You weren't being serious, were you?

    Speaking as someone who grew annoyed with Slashdot's flaws and stopped using it for quite a while, Digg made me appreciate it a whole lot more. The amount of "noise" in the stories (i.e. what GP is complaining about here) is orders of magnitudes higher than on Slashdot, the groupthink is an order of magnitude worse, the comments an order of magnitude more vapid, and... oh, sod it, just read this.
    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
  42. Perhaps by HangingChad · · Score: 1

    Perhaps they're praying the court will read the motion.

    http://yro.slashdot.org/article.pl?sid=07/04/18/ 1247229

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  43. Absurd by cdrguru · · Score: 0, Offtopic

    OK, we can either have a safe, happy Internet where people have rules of conduct, or we can have the Wild Wild West. Today, we have the Wild Wild West.

    I have an account with an ISP. This account is provably used to send fraudulent requests to people, death threats to public figures, and is used with a phishing scam. I can easily claim that someone else was using my account and this apparently absolves me of any responsibility whatsoever according to the system today.

    Yeah, the account probably gets cancelled and I have to sign up again with the same ISP. They are in it for the customer base and the money, so they probably don't care.

    Is this reasonable? I certainly don't think so. But that appears to be the climate today.

    1. Re:Absurd by Lithdren · · Score: 3, Insightful

      And as the mods have already pointed out, what does this have to do with this article?

      Right, wrong, left, right, it doesn't matter. The kid was told to show up in court under penalty of law with a 24 hour notice, on a school day, that was a state exame day required for graduation.

      If that isn't unreasonable, I dont know what is. This kid hasn't been shown to be guilty of anything, thats what the court is trying to do. Is it right to yank kids out of school on VERY important days, because someone believes he, or someone he's closly related to, MAY have POSSIBLY violated a CIVIL law, and isn't by the very nature of the beast, a criminal act?

      Should they be allowed to strongarm people, and scare them into settling out of court for outrageous fees and fines, without being given enough time to even have a laywer review the damn situation? Should this kid, who again, is not yet proven to be guilty of anything, have his future jepordized by missing quite easily one of the most vital days of the school year, because some multi-billion dollar company thinks he might have copied that floppy?

      There's your damn wild west.

    2. Re:Absurd by NewYorkCountryLawyer · · Score: 1

      Well, Lithden. You've about summed it up. I've been a litigation lawyer for more than 28 years, and have never seen anything like the way these lawyers practice.

      --
      Ray Beckerman +5 Insightful
  44. Sue the MAFIAA! by IwantToKeepAnon · · Score: 1

    After the (R|M)IAA get their money, do they give some to Wal-Mart, BMG, K-Mart, iTunes, etc...??

    They sue to "get the money they are rightly owed", but any retailer will make a profit off each
    sale that "should have happened" too. So the MAFIAA get their money and the retailers are screwed.

    I have a solution, a class action lawsuit on behalf of all the retailers that the MAFIAA is
    ripping off. Let the courts pound on them for a while. And while they're at it, give 'em a one
    day warning. :o)

    --
    "Happy families are all alike; every unhappy family is unhappy in its own way." -- Anna Karenina by Leo Tolstoy
  45. FSM! by Tmack · · Score: 1

    "No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being."

    my source is here.

    Thats not a problem, everyone knows that THE supreme being is the Flying Spaghetti Monster.

    -RAmen

    --
    Support TBI Research: http://www.raisinhope.org
    1. Re:FSM! by BakaHoushi · · Score: 1

      I beg your pardon, but the FSM is a fake! I always pray to the Almighty Bob. I heard of His good name when the mayor came to speak of him in my quiet sandwich shop, and it has changed my life.

      Thank you, and may Bob bless you.

    2. Re:FSM! by Nosferatu+Alucard · · Score: 1

      I never thought I'd see secular arguments on /. That made my day!

    3. Re:FSM! by mrbbad · · Score: 0

      I challenge your religion, it is well known there is only one all powerful gnome.

    4. Re:FSM! by idontgno · · Score: 1

      Be careful, Brother. That way lies madness, heresy, and sectarian violence between Spaghettists and Discordians.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    5. Re:FSM! by networkBoy · · Score: 1

      Wait what now?
      Food fight with accordions?

      Right then, I'm in.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    6. Re:FSM! by Copid · · Score: 1

      I beg your pardon, but the FSM is a fake! I always pray to the Almighty Bob. I heard of His good name when the mayor came to speak of him in my quiet sandwich shop, and it has changed my life.

      Thank you, and may Bob bless you. Vernon is a false prophet!!
      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    7. Re:FSM! by Tmack · · Score: 1

      I beg your pardon, but the FSM is a fake! I always pray to the Almighty Bob. I heard of His good name when the mayor came to speak of him in my quiet sandwich shop, and it has changed my life.

      Thank you, and may Bob bless you.

      Believe me, Im no pink. I believe FSM and Slack go together. I would not doubt it if it was revealed the FSM gave Bob his pipe. Praise Bob!

      tm

      --
      Support TBI Research: http://www.raisinhope.org
  46. WTF is wrong with you? by DeadCatX2 · · Score: 1

    1) The kid is not the defendant. His mother is.
    2) You missed the whole standardized test being done on the day of deposition.
    3) You also missed the subpoena being served with less than 24 hours notice.
    4) You also missed the subpoena being emailed to the wrong attorney at first.
    5) Did I mention that the subpoena was EMAILED? EMAILED! WTF?
    6) If you want to talk about FUCKING OVER artists and their rights, try looking at the contracts artists sign with labels.

    --
    :(){ :|:& };:
    1. Re:WTF is wrong with you? by sacdelta · · Score: 1

      6) If you want to talk about F***ING OVER artists and their rights, try looking at the contracts artists sign with labels. You can also look at the list of artists that have not been paid their royalties by the RIAA.

      --

      Brought to you by: "Al"toids - the curiously weird mint.

  47. Would Truancy laws apply? by GuyverDH · · Score: 1

    Forcing the student to miss school could break relevant local truancy laws, if there are any in the school district....

    --
    Who is general failure, and why is he reading my hard drive?
  48. Shows what you know by Mateo_LeFou · · Score: 5, Funny

    "Why does the music industry feel it should tamper with the education of our minors just to placate some facile legal action?"

    Dude, get a clue: these are *pirates, they don't care about education. All they care about is stealing, stealing, stealing other people's intellectual property.

    If anything is tampering with their education, it's the alien viruses in their brains, which impel them to download our songs for *nothing, thereby descrating our intellectual property. The same intellectual property provided for in the Constitution, section IV, which says

    "Intellectual property rocks. We should have lots of it."

    --
    My turnips listen for the soft cry of your love
    1. Re:Shows what you know by chuckymonkey · · Score: 1

      Besides, they're criminals and criminals lie all the time.

      --
      "Some books contain the machinery required to create and sustain universes."-Tycho
    2. Re:Shows what you know by ady1 · · Score: 1

      But what about Soviet Russia Where Piracy Educates you.

  49. Re:News for nerds, stuff that really matters by Anonymous Coward · · Score: 0

    Reddit?

    I like Reddit and somewhat Digg better than Slashdot because there are a lot more programming articles posted.

  50. Judge Atlas will sort this out. by Anonymous Coward · · Score: 5, Informative

    OK - I am posting anonymously because I am a lawyer. First - When you subpoena someone to appear for deposition, Rule 30(b)(1) says you must give them reasonable notice. The Court is very, very likely to say that 24 hours notice is not reasonable notice. Second - It is extremely bad form, though not actually improper, to just notice someone for deposition without talking to them first about the date. Just leads to exactly this kind of problem. Third - RIAA is represented by lawyers who know better. Gardere Wynn is a Really Big Firm. They know better than to behave this way in front of Judge Atlas. Shame on them. Federal Court practices demands a higher standard of behavior on the part of the lawyers. Fourth - You have to properly serve the witness. Emailing the mom's lawyer in an attempt to serve the kids is not proper service. However, it does make sense to email mom's lawyer and ASK whether he would accept service so that you don't have to send a process server out to serve the kids. All in all, I would not expect Judge Atlas to be pleased with Gardere, Wynn's behavior here. Judge Atlas is a good judge. I'd expect her to make RIAA play according to the rules here. One of the great things about federal court is that the judges are generally of very high caliber, are extremely/proudly independent, and don't take no shit off of nobody. As long as you play by the rules, are prepared and don't waste the judge's time the solo lawyer with a brand new law license will be treated the same as hordes of grey haired lawyers from a mega-firm.

    1. Re:Judge Atlas will sort this out. by Anonymous Coward · · Score: 0

      Of course, your description of the high standards for judges at the federal level only applies to those appointed befor the current Bush administration. If you have been following the Gonzales hearings you must realize that anyone at the DOJ or in the judiciary appointed by Bush is a partisan dimwit republican hack who uses the constitution to wipe their ass. Can you say 'signing statement'. 'extrodinary rendition' or 'enemy combatant'?

  51. Re:Go figure - it doesn't matter by blueforce · · Score: 1, Offtopic

    How long will it be, before Judges and courtrooms are sick of these petty charges, and start only allowing the larger criminals who actually sell and distribute?

    It doesn't matter how sick the judges and courtrooms get. As long as the law says what it says, they can do what they do.

    In my opinion, which doesn't count except on ballot day, the whole criminal justice system is screwed up - largely due to fatuous and incongruous drug laws. There are a number of states that don't agree with the federal government on Marijuana laws or penalties to the point of contention over federal funds.

    Take for example the case in Cleveland a few weeks ago: A girl accused her ex-boyfriend of rape. He's arrested, but the juvenile detention center was full, so he was placed under house arrest with a monitor. Instead of being in the detention center where he should have been, he was at home. He took a shotgun, left home, found his accuser, and shot her in the face.
    http://www.newsnet5.com/news/11183624/detail.html

    Full story line here: http://www.newsnet5.com/news/12188918/detail.html

    Undoubtedly, there were kids in that detention center on drug related, and non-violent offences. But, the violent criminal gets sent home to attempt murder.

    I'm not an actuary but I'd bet that this type of thing happens all across the country on a regular basis. The system is broken when this type of thing can happen.

    Interestingly, two nights ago on the History channel there was a show about the history of recreational pharmaceuticals. (In fact, there are two volumes in the series: http://store.aetv.com/html/product/index.jhtml?id= 70805 that said something to the effect of (paraphrasing from memory here) "if the politicians who passed the Harris act had any idea what the world looks like today, it would never have been passed." The history of Cocaine is fascinating, and how it came to be illegal. I recommend the History Channel videos if you haven't seen them.

    In any case, Newton once contended that a change in the gravitional field in one region of the Universe would be felt instantaneously in every other part of the Universe. It's similar to how the "war on drugs" has that type of effect on every other part of society.

    So, how does this relate to the *AA? It doesn't directly. It's more of an analogy to how absurd laws and differing opinions, even by high-level government officials, still results in the same apathy and ineffectual legislation, and inaction on the part of our elected representatives.

    --
    If you do what you always did, you get what you always got.
  52. It's true. by tkrotchko · · Score: 1

    "If they can remove the artist from the equation and make themselves feel like they're fighting a bad guy, they feel less guilty and ashamed for FUCKING OVER artists and their rights."

    I agree... you'd think the RIAA would feel a little ashamed about screwing the artists, but as you say, they don't feel very guilty at all.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  53. My reply will be a firebomb by gelfling · · Score: 1

    NO it's on. RIAA will eventually reap what they sow with this bullshit and someone is getting shot from a rooftop somewhere.

    1. Re:My reply will be a firebomb by Myrrh · · Score: 1

      Dear crazy wacko:

      Generally, you're advised to cover yourself with at least a veneer of anonymity and post as an AC if you're going to say something like this.

    2. Re:My reply will be a firebomb by Anonymous Coward · · Score: 0

      Iz prol a hax0red acct

      rb5c4evar!

  54. Re:Go figure - it doesn't matter by Mockylock · · Score: 3, Interesting

    Good post... much agreed.

    For example... My wife was caught with a basic speeding citation a week ago. She called in to see if she could pay it over the phone. She was denied to pay before the court date unless she came in, in person.

    Fine and dandy... right?

    Among the charges that you COULD pay for without going to court, or prepay, nonetheless... WERE:
    Wreckless Driving
    DUI or DWI
    Possession of Marijuana and/or intent to distribute.

    I don't actually think that you should even be arrested for marijuana possession, considering the law was based on lies... But, it's still fucked up.

    So...These kids have to go to court for sharing music and spend money on court costs, lawyers, fines or fees to the plantiff.. but a guy who almost kills them by driving drunk, or gets caught with a federally proclaimed "controlled substance", can pay a $500 fine FROM HIS LIVINGROOM!

    In all reality, my son could go to RIAA headquarters with a bag of weed while drunk, go inside and beat the piss out of a few of them... GET CAUGHT, then pay LESS fines than he would if he hosted X amount of songs on his computer.

    Hmm. Maybe I'm on to something. How many people are at RIAA and where is it located?

    --
    "Please, shut up. Just when I think you can't say anything more stupid, you speak again." -Archie Bunker.
  55. not newsworthy by Anonymous Coward · · Score: 0

    Oh, for land's sakes! If I had $450 for every time some lawyer served a subpoena with a ridiculous deadline, . . . oh wait. I do.

    This is just tactics. Like a sky hook or a fade-away jumper. It hardly deserves a mention in the litany of the RIAA's many, many outrageous sins. A judge will quash a subpoena like that just for the asking.

    YIIALBIANYL. GYOGDL. YMNO.

  56. Re:Go figure - it doesn't matter by NewYorkCountryLawyer · · Score: 1

    It doesn't matter how sick the judges and courtrooms get. As long as the law says what it says, they can do what they do.

    1. In the first place, you're way off topic, as you yourself seem to recognize.

    2. In the second place, there's nothing in the law that says they can to what they did. In fact, the law says quite the opposite.

    --
    Ray Beckerman +5 Insightful
  57. Re:Go figure - it doesn't matter by Detritus · · Score: 1
    The "violent criminal"? You mean the "accused rapist".

    A high percentage of rape accusations are unfounded, made by women who want revenge and/or have psychological problems. An accusation of rape can be devastating, even if it's pure bullshit. For all we know, the "violent criminal" may have flipped out after being falsely accused of rape and put under house arrest.

    --
    Mea navis aericumbens anguillis abundat
  58. Objection Motion by Anonymous Coward · · Score: 0

    Objecting to this motion to get it defered should be a slam dunk. It's not really a big deal people. They object, it gets moved to next week, end of story.

  59. Absolutely by goldcd · · Score: 1

    but I can't help think that missing definitions 1->3 may indicate a slightly more godly directed and commonly used usage.

    1. Re:Absolutely by Anonymous Coward · · Score: 0

      Your comment is as absolutely true as it is absolutely worthless. Legal usage != common usage.

  60. Give 'em all detention by HikingStick · · Score: 2, Funny

    Well, if that's how they want to play, I say the school should send detention notices to every one of those buggers. If they don't show up, call their parents!

    --
    I use irony whenever I can, but my shirts are still wrinkled...
  61. I figured it was self preservation by Anonymous Coward · · Score: 0

    Based on the comments seen on the VT message boards the last week, they're likely to get beaten to a pulp if they happened to stroll by. Katie and Paula, afaict, are lucky not to have "gone missing" by now. Then again, it's only been three days, so the waiting period for new firearms purchases are just about up. Now that I think about it, I think I saw Geraldo leaving town... must have just realized that we can call "hunting season" whenever we want 'round these parts!

  62. Please Correct Me If I Am Wrong by LifesABeach · · Score: 1

    If I subpoena you to come to my place of business, you do not have to do it. But is a Judge subpoena's you to show up, nasty things can happen if you don't. So if this minor does not show up at some lawyers office, then those lawyers can issue a Bench Warrant?

  63. Leeway by Anonymous Coward · · Score: 0

    Texas gets a lot of it, as it was an independant republic prior to the ummm merger with the larger United States. Many federal laws have specific exemptions for Texas.

  64. Pfft, not unexpected and certainly... by Shabadage · · Score: 1

    Not surprising, especially since the RIAA RECCOMMENDS that college students DROP OUT of school to pay their fines. At least the US government seems to be getting sick of the RIAA finally; hopefully we'll see the end to this type of crap from the RIAA soon when judges keep throwing their cases out of court.

  65. That will teach all of you! by Ngarrang · · Score: 1

    Good morning, class. Today, we will be deposing little Johnny here because he broke the law and got caught. Now, Johnny, are you ready to be questioned by the mean old lawyer from the MAF...er, RIAA?

    --
    Bearded Dragon
    1. Re:That will teach all of you! by jibjibjib · · Score: 1

      RTFA. He didn't break the law.

    2. Re:That will teach all of you! by Ngarrang · · Score: 1

      *shaking of head*

      Humor is lost on the insipid.

      --
      Bearded Dragon
  66. Exactly by ACNiel · · Score: 1

    In the State of Illinois you can't vote until you are 21. It says so, right in the constitution.

    Lots of people have been voting in Illinois since they were 18.

    To have something illegal in a law somewhere is just easier to leave, and not enforce.

  67. So what? by Orig_Club_Soda · · Score: 0, Flamebait

    Its a subpoena. Why should this crime be treated any different!? Your RIAA-hate is blinding you to sensibility. Attending school is not above enforcing the law.

  68. Re:News for nerds, stuff that really matters by thePowerOfGrayskull · · Score: 1

    oh, sod it, just read this[link to article titled Why Digg Failed Ummm... define "failed". I can't stand the place, but all the same I can't rightly call it a failure...
  69. News for 14-year olds, Stuff that's awesome?! by Dogtanian · · Score: 1

    Ummm... define "failed". I didn't write the article; personally I'd call it "Why Digg sucks" :-)

    But Digg certainly was hyped as some sort of "Slashdot: The Next Generation", fixing its flaws and demonstrating the power of the hive mind/community efforts/blah blah....

    And it's all bollocks. The article basically explains the reality of the situation which you can contrast with the shining vision above; hence when we compare it against the hype, of what Digg was supposed to be, it's failed.

    I don't know if Digg was *ever* as good as it was hyped up to be; it wasn't that great when I started using it around a year ago, and it seemed to have gone further down the tubes when I stopped towards the end of 2006.

    The ugly reality of Digg today is a groupthinking, self-centered and navel-gazing, novelty-seeking, hype-promoting, popularity contest, dissent-attacking, random-noisish mishmash. The moderation is totally useless for its intended purpose (you think that Slashdotters are bad for modding down things they disagree with, you haven't seen Digg). The majority of the comments are not remotely insightful.

    I could go on about it (and I did anyway!), but the article does a better job of explaining the problems than I would, and there's no point in my paraphrasing it.
    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    1. Re:News for 14-year olds, Stuff that's awesome?! by thePowerOfGrayskull · · Score: 1

      Fair enough; though it does seem that digg has changed its goals in recognition of that fact. So I can agree that it was a failure in terms of its original intent; but in terms of its current intent not so much so. For the record: I don't disagree that digg sucks -- when you give away free money (mod points) it rapidly becomes worthless.

    2. Re:News for 14-year olds, Stuff that's awesome?! by Dogtanian · · Score: 1

      I don't disagree that digg sucks -- when you give away free money (mod points) it rapidly becomes worthless. Mod points aren't- or rather shouldn't be- viewed in such a way. Ideally they should be seen as tools to ensure that more insightful and/or interesting comments (whether or not you agree with them) are modded up.

      Unfortunately, if you have more than a small amount of partisanship, no meta-moderation and no transparency, it doesn't work that way.

      If Digg were giving away enough free *real* money, I'd still be using it. :-)
      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    3. Re:News for 14-year olds, Stuff that's awesome?! by thePowerOfGrayskull · · Score: 1
      It was the first thing that came to mind, but not wholly inaccurate. If a person has something in limited quantity (whether it be money, mod points, or eggs), that person will be more judicious in how that limited resource is used. It's the scarcity (in the economic sense) that makes it valuable; and the lack of scarcity that makes it essentially worthless.

      While meta-moderating helps, and provides a good feedback system (esp as allocation of future 'resources' is based on good meta-mod results), the basic system of scarce resources needs to be in place for it to be effective. It does no good to be meta-modded as a bad mod, when it has no affect on how much you can mod.

      (Hmm, that got a bit repetitive... hopefully it makes sense anyway...)

  70. Off topic:Prays? by Secrity · · Score: 2

    My post said currency, it did not include coins.

    According to the Department of the Treasury, "The motto IN GOD WE TRUST was placed on United States coins largely because of the increased religious sentiment existing during the Civil War."

    "In God We Trust" was added to US currency in 1957 as an act of religious and political propaganda, McCarthyism was at its peak at that time.

  71. Re:Go figure - it doesn't matter by blueforce · · Score: 2, Insightful

    You're absolutely right. He was accused - innocent until proven guilty.

    On the other hand, "violent criminal" fits since he *shot her in the face with the intent to kill her*, which isn't altogether a "sane" or "rational" reaction for an innocent person.

    On the other hand, rhetorically speaking of course, of all the innocent people, who should be held in an over-crowded detention center vs. sent home - innocent "accused rapist" or innocent "accused pot head"?

    I agree with your assertion that accusations of rape are sometimes unfounded and unfair - Duke comes to mind - but when it comes down to brass tacks, I'd rather see the non-violent, and/or non-personal crime perpetrators go free when a decision like that has to be made. Of course, if petty crimes like marijuana possession weren't pursued as vigorously as rape and attempted murder one could argue that the detention center wouldn't have been full in the first place.

    I'm not now, nor have I ever been a drug user... well, alcohol.... lots of alcohol.... caffeine too...., but I think the war on drugs, among other things, is a terrible tragic disaster for our country and economy.

    --
    If you do what you always did, you get what you always got.
  72. Ah, but... by Anonymous Coward · · Score: 0

    As everyone knows, copyright infringement != theft. So, you statement corrected would read:
    "Dude, get a clue: these are *pirates, they don't care about education. All they care about is infringing, infringing, infringing on other people's copyrights."

  73. Re:Go figure - it doesn't matter by blueforce · · Score: 1

    I respectfully disagree with both points.

    1. My point was well on topic with the comment to which I replied.

    2. In the second place, I find it impossible to believe that, on the scale this is being prosecuted across the country, in all of the courts, with all of the "victims", and all of the judges, and all of the suits, and all of the press, that the "law says quite the opposite". If it's so clear that the law says the opposite, I find it utterly impossible to believe that the *AA could pursue these cases as they have been - SOMEone SOMEwhere would have shut this down by now. It's not like we're talking about a few isolated incidents in a rural area of Nowhere, Montana last week - this has been going on all across the nation in small towns and big cities, with defendents both rich and poor, for several years. No sir, I don't believe what you say about the law being opposite - generally speaking. Perhaps you're correct about some of the tacticts, but the general premise can't be illegal. If it is, we're worse off than I ever gave us credit for.

    Don't get me wrong - I despise the RIAA and their tactics as much as anyone. I can't wait until they wither and fold. But, it seems the law doesn't say they can't do what they're doing. There is a lot of legislation, or lack thereof, in our great country that have this same ill effect.

    --
    If you do what you always did, you get what you always got.
  74. Re:Go figure - it doesn't matter by NewYorkCountryLawyer · · Score: 1
    The story, and the comment to which you were responding, were about the RIAA's service of a deposition notice and subpoena on 24 hours notice. The law says you have to give "reasonable" notice. No judge will find that this notice was reasonable. Therefore the law does not permit this to happen. You said the law permits this to happen. Therefore you were wrong.

    Your post had nothing to do with this subject at all. It had to do with a criminal case in Cleveland Ohio, a History Channel show on pharmaceuticals, and Sir Isaac Newton's theories on gravity in different parts of the universe. You were way, way, way off topic, and even you yourself admitted it:

    So, how does this relate to the *AA? It doesn't directly. It's more of an analogy...

    Frankly, I didn't see the analogy, and I don't think anyone else did either.

    If you can't admit that you were off topic, and you can't admit you were wrong about the law allowing service of a deposition subpoena on 24 hours notice, then you show yourself to be unworthy of being taken seriously.

    --
    Ray Beckerman +5 Insightful
  75. Re:Go figure - it doesn't matter by NewYorkCountryLawyer · · Score: 1

    Off topic again.

    --
    Ray Beckerman +5 Insightful
  76. Re:Go figure - it doesn't matter by serialdogma · · Score: 1

    It must be so very hard for you not having mod points to call your own. You sir have my most sober sadness. /Ducks

  77. you mix up Atheism and Agnosticism by Anonymous Coward · · Score: 0

    Atheism is as much a religion as not collecting stamps is a hobby.

    Wrong! Atheism is an active belief that god does *NOT* exist.
    What you probably mean as analog to "not collecting stamps" is Agnosticism, which means acknowleging, that you don't actually have enough proof to know if any Supreme Being (God or FSM) exists.
  78. Re:Go figure - it doesn't matter by blueforce · · Score: 0, Offtopic

    And the comic irony here is that you have posted not one, not two, but three off-topic posts yourself to tell the rest of us that we're off-topic.

    Amusing.

    --
    If you do what you always did, you get what you always got.
  79. In God you trust ... by DoktorTomoe · · Score: 1

    ... not since "a long time ago", but since 1956 when Congress added the line as a second national motto (not replacing "E pluribus unum"). Seems like appeasement to the McCarthy-era to me.

  80. Re:Go figure - it doesn't matter by NewYorkCountryLawyer · · Score: 1

    Yes it is frustrating.

    --
    Ray Beckerman +5 Insightful
  81. Atheism by bobkoure · · Score: 1

    Atheism is as much a religion as not collecting stamps is a hobby.
    Erm... Atheism is a belief about something that hasn't been (and maybe cannot be) proved either way.
    I think maybe you're thinking about agnosticism - which is basically "Heck, I don't know - how could I?" or maybe just being a-religious.