Boston Judge Denies RIAA Motion for Judgment
NewYorkCountryLawyer writes "In a Boston case, Capitol v. Alaujan, the defendant is representing herself, without a lawyer. Nevertheless, the Judge denied the RIAA's motion for summary judgment, which the RIAA had based upon the defendant's alleged failure to respond to the RIAA's Request for Admissions. The Court's decision (pdf) held that the RIAA had served its requests for admission prematurely, prior to the conduct of any discovery conference. The Court also noted that the RIAA had upped the ante quite a bit, trying to get a judgment based on 41 song files, even though it had originally been asking for judgment based on 9 song files. This would have increased the size of the judgment from about $7,000 to about $31,000. The Judge scheduled a discovery conference for October 23rd, at 2:30 P.M. and ordered everybody to attend. Such conferences are open to the public."
Highlighting every abuse of judicial power as a good thing because it stymies the RIAA is just the geek version of invoking "the children" to justify similar abuses of the system.
Is everything that has something to do with the RIAA getting shot down newsworthy on slashdot these days?
Control is an illusion, order our comforting lie. From chaos, through chaos, into chaos we fly
typical of Slashdot to cheer on a criminal getting away with theft because a judge doesn't understand the damage piracy causes and thinks it's just 'copyright infringement' so it isn't that bad. Fucking liberals, get a job and work for a living then maybe you'll have the money to buy the music you want to listen to and have less time to spend on the internet trying to justify why serious felonies like trafficking warez and child porn shouldn't be punished by jail time.
Don't do the crime if you can't do the time, I hope the RIAA hit her with everything they've got and the judge gets some sense slapped into him and throws the book at her. I hope this bitch rots in prison.
some tips for the slashdot crowd:
welcome the outdoors! yes the bright thing up there is called the sun. no you can't turn it off. the other people you see around you you can't just point and click on to communicate with, nor should you strafe them
1. bathe. it is customary for members of the public to bathe, at least more than once a month
2. wear pants. underwear is ok for life in the basement, but the general public tends to wear pants
3. shave, if you are male. not a requirement, but a good idea if you don't have groomed facial hair. and if you are reading this and you aren't male... well, who are we kidding
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
This only shows that the legal system takes notice when a Big Bad Association acts extra evil. Reporting on little wins here and there is fun, but what's needed is more serious legal action against the RIAA for extortionist practices in the first place. Sadly there doesn't seem to be enough of a reward to motivate anyone to do so yet.
women, in general, like men without facial hair. women wear lipstick and high heels for male interest, men shave for female interest
again, considering the forum, i am not surprised you don't know this
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
What the Fuck Mate? Get a Livejournal or something.
I'll meet you at the intersection of "Should be" and "Reality"
The Judge scheduled a discovery conference for October 23rd, at 2:30 P.M. and ordered everybody to attend.
Shit, I guess now I have to go clear up my schedule...
I've noticed that a number of these RIAA cases have some people who are choosing to defend themselves. More than I would have imagined. I don't know the specifics of each individual motivation, but I always felt that representing yourself was somehow risky. Perhaps it's lawyers seeking to defend their business by planting the meme that 'a lawyer who represents themself has a fool for a client' -- that you can't separate your emotions from the case well enough to adequately represent yourself? If a lawyer can't represent themself, what hope does a common person have? I can understand representing yourself in a small-claims case, but against a corporation with actual lawyers?
But if common people are representing themselves in cases against the presumably well-financed and well-lawyered RIAA, it gives me some amount of belief that the justice system is ultimately just, or basically fair, and that someone who can present their case in a basic and simple enough manner might actually win. I don't know, maybe I'm getting the wrong idea from these cases, but it gives me hope that if I'm ever summoned to court against a giant corporation, I might actually stand a chance instead of going broke even if I come out a winner.
Does anyone else sense that a surprising number of these cases are being won by people who are defending themself? Why would it be that people are choosing to do so ( are the RIAA cases that easy to knock down ), and is it more than typical for average cases?
Computers are useless. They can only give you answers.
-- Pablo Picasso
Since the defendant is Pro Se, the judge forbid the plaintiff from rolling over the defendant on a technicality, and sited another technicality to make sure. This sounds like a great judge, who believes in the spirit and not just the word of the law. I wish we had more like her.
"To those who are overly cautious, everything is impossible. "
Bumping up the amount in this case is not even
enough to pay the $68K they owe in an earlier case.
Going from 9 to 41 songs is just bad math.
You are being MICROattacked, from various angles, in a SOFT manner.
This is no big deal. Plaintiff moved for summary judgment prematurely, and the motion was denied. The case is still alive, and the parties have to meet and confer on scheduling and discovery issues. The idea is to take care of any issues on which the parties are not in disagreement before the judge has to deal with them. See Federal Rule of Civil Procedure 16.
My word, this is a truly shocking trend.
Somebody defending pro se, and standing a chance? In a US court?
Respect, dear Judge - you are bringing back the meaning of Justice. May many follow your example, but I suspect that will only happen after the law applies to ALL again - with no exceptions at the top (I think it's 200+, and counting)..
Any particular frequency? (sorry, couldn't resist :-).
Insert
It's like the 3rd time I've seen this exact post here :/ Almost every topic ends up with one of these copy/pasted troll stories. Another irritating one is about some guy getting his intestines sucked out by a pool suction vent.
Only slightly more annoying to skip past than the usual 'milfy bewbs' myspace link (due to length) but much, much, stupider.
Now that I have fed the troll a bit, time for me to go feed myself something more bodily nutritious then words.
huh ? there has piled up enough cases to clearly indicate that they are exploiting justice for personal profit.
Read radical news here
Not at all. The democrats are just trying to woo the majority of hillbillies who voted for Bush twice already and have no idea he's not actually running a third time.
i heard the RIAA was hurting for $$ but over 9 songs? damn i wonder what they would do about the 13k my friend has
(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
Visit parent's homepage for some insight into their point of view.
Denny Crane.
I happen to enjoy being smooth shaven, I generally shave every other day. It's less irritating to my skin, and in the humidity of Seoul's summers a beard would drive me nuts (cue pirate joke!!). Plus I'm devillishly handsome, why would I want to cover that up with a beard?
Add to that the fact that eating certain foods in much more difficult with a beard and for me personally, it's a win-win situation to shave.
My independant thought is to shave, yours is to grow your beard. That wasn't so tough, was it?
Let's get real - this looks more like the judge handing the defendent a size 15 cluebat to the effect that she needs to get some legal representation urgently. She either doesn't understand the legal niceties and the rules that she *must* play by, or chose to ignore them - and she just dodged a bullet. If the judge hadn't pulled her irons out of the fire this time by pointing to an apparent failure on the RIAA side to follow the rules as well, she'd already be toast.
Point II of the Warner v. Cassin reply brief (at pages 9-10) briefly discusses the impact the RIAA's theories could have on the internet if they were to be accepted by the courts.
Ray Beckerman +5 Insightful
Someone should go and take pictures of the RIAA people.
That way we could find out more about them.
Maybe make note of some of their personal habits.
Pick up any papers they discard.
Follow them to the parking garage and make note of make,model and tag number.
Fein interest and start a conversation to see what personal info they give up.
Then share it with Slashdot so we can get to know them on a too personal level.
That way we can call or go over some sleepless night and let the RIAA share the publics lack of privacy.Or get sex.Or valuables.Or......
*Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
Its always great to see pro se defendents actually doing good, so thanks for the article. It does help restore some faith in the legal system in a cynical society.
Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
I agree. The "Get a Live Journal" troll (as we call him) is annoying.
GET A LAWYER NOW!!!
it's called secondary sexual characteristics. it's a way for mother nature to announce that this person is ready for sex and procreation. women grow breasts, men grow beards. later, the beard grows white, the breasts sag. before puberty, there are no breasts, and there is no beard. this is the way homo sapiens has evolved to tell the other sex that we, as sexually mature pieces of fruit or not are either: not ripe/ too young, ripe/ ready for action, over ripe/ past our prime
these are of course biological communication devices, not overt forms of human-to-human communication. as such, they bypass all of the higher faculties of the brain and communicate at a very primitive level, beyond the person's conscious control. so if one were to consciously manipulate biological sexual cues, they would be manipulating their communication with the opposite sex in a way the opposite sex has no conscious defense against. it's a power play
women wear lipstick and rouge because women (well both men and women) flush in the lips and cheeks when they are sexually aroused. it is a way to manipulate men's interest artificially
likewise, a sexually mature male is threatening to females, because it implies her social interaction with him will be of a sexual agenda, which she doesn't necessarily want. women are more fickle about when they want sex, as they have a more complex reproductive cycle than men, and have more to consider in terms of the implications of sexual activity (ie, having children)
therefore, by shaving your beard, you as a male communicate to a woman's primitive mind that you are nonthreatening sexually. she lets her guard down, and lets you get closer. this is of course a primitive, subconscious manipulation, not an overt verbal one. it's subtle, but it helps, because a woman's first reaction to you upon seeing a beard is automatic sexual aversion if she is sexually uninterested, which with women is usually automatic and most of the time because of her more complex preconditions than men when it comes to sex. unless she is reproductively attached to you, then she might actually prefer a beard, as you are signally your sexual potency to her, which if you are her mate, and she felt comfortable as to her current resources and potential to have children, she would probably desire a beard on you instead
shaving your beard is sort of like a visual castration, neutering and infantilizing yourself in the eyes of women. but that actually works as a psychosexual and social manipulation, because it allows you to get closer to women without them feeling threatened. and since it is only a trick, you are not actually sexually immature, and you buy yourself some time for the woman to get to know you, then you have a leg up on the male competition if the competition doesn't shave
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
Blah, bad AC, didn't notice that, got mod points and you would have gotten one if you made the post properly :P
...
We need to see more rulings like this, where the judge looks out for the interests of the mostly defenseless people that are being dragged into this nightmare.
Ray Beckerman +5 Insightful
It has nothing to do directly with sex appeal.
Warriors shave their beard and cut their hair short so that, in hand-to-hand combat, it is hard for opponents to grab their hair.
(Of course, many chicks go for warriors... or the warrior "look.")
"How to Do Nothing," kids activities, back in print!
Methinks if only hillbillies supported Bush, his war chest would not have been nearly as large as it was. Hillbillies generally don't make lots of money. Besides, you're kidding yourself if you think that anyone on the Democratic ticket wouldn't be just as disastrous for this country - or worse. Let's take a look at who the front-runners are:
Obama: A lightweight who speaks in broad, soothing platitudes. He's just a stuffed shirt, and Hillary will destroy him and win the nomination (a good thing for Republicans). He really screwed up when he talked about invading Pakistan before he even set foot in the Oval Office. Mitt Romney's "Dr. Strangelove" comment will come back to bite Obama later.
Hillary: The best possible scenario for Republicans - and the most likely one. She's the only Democratic top-tier candidate possessing any gravitas, but she also has the most skeletons in her closet. People still haven't forgotten Whitewater, Travelgate, Filegate, Blowjobgate, Pardongate, or that her accountant buddy Vince Foster wound up in a cemetery with a bullet in his head after he was VERY late filing the presidential blind trust paperwork. She and her husband are masters at shedding what would be career-killers for anyone else (not to mention prison sentences) with a few carefully-scripted lines. Most people, with the exception of the residents of the state of New York, have caught on to the Clintons' verbal gymnastic skills, though. Only the media and New Yorkers want a leader that's actually smooth and well-practiced at lying to them.
Edwards: Just shut down his offices in Nevada. Almost no one takes him seriously. He talks alot about 2 Americas, but he also makes it very obvious which one he lives in. It's hard for anyone with a conscience to get behind an ambulance-chaser. He talks a good game about how health care costs are becoming untenable in America, but he doesn't acknowledge that as a lawyer he was part of the problem, and that the US still has the best health care available anywhere. People from Canada come here for operations that their socialized health care plans won't cover or won't approve of in a timely fashion. Edwards also comes across as a phony who can turn that winning smile on and off at will, and who makes his supporters wait outside in the heat for hours while he's late for an appearance because he'd rather be jogging. Well, he can just keep on joggin' past 1600 Pennsylvania Avenue, 'cause it ain't gonna happen. Ever.
These hillbillies you deride can't be any dumber than Democratic voters, though. At least the Republicans make some pretense about not having contempt for their constituents. The Democrats make no such effort. I think it's so ironic that they call themselves "Progressives" (because the Democrat label is like poison nowadays), but they advocate so many regressive policies: preferential treatment based on skin color (or even sexual preference if they get their way), expansion of the welfare state without addressing looming budget shortfalls as baby-boomers begin to retire, gun control, etc. It's the Democrats who are trying to derail open government legislation so they can keep hiding their fatty pork that they tack onto every bill. It's the Democrats who cowered and backed down on their promise to end the war in Iraq. More broken promises from failed leaders. Don't you guys ever get tired of that?
"i understand the point of your post, are you trying to be a spelling nazi and pick on the "your" or that the nick "timmarhy" isn't an acurate enough representation of the timmy character from south park (since after all that's what the nick is a tribute to)"
Wow.. So on top of it all, your attempt at a rebuttal also lacks proper capitalization, misspells "accurate", and exhibits an almost complete lack of punctuation marks (making it a really long "run-on" sentence). That, plus the original spelling thing, would tend to indicate a complete disregard for grammar and spelling norms. That doesn't mean that you are stupid, but it does indicate a lack of "attention to detail".
Is it possible that you're trying to make a point with all of this?
http://slashdot.org/comments.pl?sid=270997&cid=202 48025
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
How many people does usually show up at these hearings? How many people do you need to make the judge and lawyers raise an eyebrow? How many to get on the news?
Seems like plenty of time to get the word out and make people come. Maybe make a few posts around, add it to your calendar and ask slashdot if they have time to come and watch when it draws closer? (Or nobody will remember by the time October arrives)
There are a lot of people reading slashdot, and a lot of people that can get the word out to others. Maybe not as many of the take-to-the-streets-and-demonstrate-types, but I really think that online communities ought to get more involved outside of the net. Every single person attending to show some support for the defendant would be helping.
I live in Europe, so Boston souonds a bit far. But if anything was happening close to here, I'd take some time off and join in to support a good case.
I lost my sig.
Stupid fucks! When are they going to die? For Christ' sake someone please stick a fork in the RIAA and kill those evil bastards once and for all!
"But, ladies and gentlemen of this supposed jury, I have one final thing I want you to consider. Ladies and gentlemen, this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk. But Chewbacca lives on the planet Endor. Now think about it; that does not make sense! Why would a Wookiee, an eight-foot tall Wookiee, want to live on Endor, with a bunch of two-foot tall Ewoks? That does not make sense! But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense! Look at me. I'm a lawyer defending a major record company, and I'm talkin' about Chewbacca! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, [approaches and softens] does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense! If Chewbacca lives on Endor, you must acquit! The defense rests."
since 3000 BC at least, and in all cultures
your ignorance is deafening
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
Not where I'm from. A short bit of facial hair is actually quite nice at concealing small blemishes, adjusting age, or in general filling out ones face or appearing more rugged.
My girlfriend actually likes the way I look with some facial hair, though more of the under-the-nose variety as opposed to the full-face beard. I prefer shaving because beards, and goatees etc, just tend to be itchy, sweaty, and harder to maintain properly. At the moment I'm holding on to some of the fuzz, but we have an agreement that I can shave it in a month or two, which saves me the itchiness and saves her getting facial scratches from coarse face-fur.