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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)."
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.
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
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 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.
2 1337 4 u!
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.)
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.
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.
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.
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."
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.
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.
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?
No sig for you!!
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.