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RIAA Sues Homeless Man

Posted by kdawson on from the just-leave-the-summons-on-the-heating-grate dept.

NewYorkCountryLawyer writes "In a Manhattan case, Warner v. Berry, the RIAA sued a man who lives in a homeless shelter, leaving a copy of the summons and complaint not at the homeless shelter, but at an apartment the man had occupied in better times, and had long since vacated. The RIAA's lawyers were threatened with sanctions by the Magistrate Judge in the case, for making misleading representations to the Court which the Magistrate felt were intentional. The District Judge, however, disagreed with imposing sanctions, giving the RIAA's lawyers 'as officers of the Court the benefit of the doubt,' and instead concluded — in his 6-page opinion (PDF) — that the RIAA's lawyers were just being 'sloppy' and had not made the misstatements for an improper purpose.'"

20 of 245 comments (clear)

  1. In related news... by morgan_greywolf · · Score: 5, Funny

    The District Judge, however, disagreed with imposing sanctions, giving the RIAA's lawyers 'as officers of the Court the benefit of the doubt,' and instead concluded â" in his 6-page opinion (PDF) â" that the RIAA's lawyers were just being 'sloppy' and had not made the misstatements for an improper purpose.'"
    In related news, District Court Judge Harold Baer, Jr., the same judge in the Warner V. Berry case has recently acquired a huge estate in the Hamptons valued at between $20 and $25 million dollars. When a reporter asked Judge Baer how he could afford such a state on a his public servants' salary, Baer simply said that "he had recently come into some money."

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    My blog
  2. Default dismissal by precedence? by Opportunist · · Score: 4, Funny

    I hope some judges (especially those that sign those search warrants) light up in the light of this. Could you imagine something like this in the future?

    (cue judge, asked for a warrant)

    A search? Why? The RIAA thinks someone's downloading their stuff? The organisation that randomly sues people, from grannies to bums? Get outta my courtroom before I have you thrown out the window!

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Default dismissal by precedence? by Opportunist · · Score: 4, Funny

      Yeah? Quite the opposite, the big studios are who is funding terrorism and anti-US movements. Where do they manufacture, hmmm? Could it be that they let some country make their CDs that supports terrorism, hmmmmmm?

      Buying CDs is sponsoring terrorism!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Default dismissal by precedence? by BakaHoushi · · Score: 2, Funny

      Let me see if I've got this straight:
      Hollywood is full of pinko commie bastards who hate America and send their revenue from "Why America is to Blame 4: Rise of the Anti-Christ" to terrorist training camps.

      Terrorists, meanwhile, sell boot-leg copies, download and distribute copies, and otherwise use illegal means to make money off the Hollywood movies and music to fund terrorist training camps.

      It's INGENIUS! All you need is for Hollywood to pretend to be stopping the pirates, and it would seem that they are in fact fighting terrorism!

      This report was brought to you by FOX News, reminding you that when you watch any other network, you're watching TV with Bin Laden.

  3. Are you kidding by Anonymous Coward · · Score: 4, Funny

    [sarcasm:enabled]

    The damn homeless, always thinking about themselves! This guy clearly can afford to buy this music, as opposed to pirating it. We need to criminalize his actions, so we can keep his kind off of the street!

    [sarcasm:disabled]

    I mean seriously, this has to be an article from The Onion. I can't believe that TFA is news about what is happening in the real world. I just can't. Someone tell me that it's just a bad joke, two weeks late of "April fools".

    1. Re:Are you kidding by palewook · · Score: 5, Funny

      RiAA is demanding his cardboard box in a settlement.

  4. New case in the works... by wobedraggled · · Score: 5, Funny

    RIAA sues a rock, infringing on the musical style.

    --
    Ubuntu- Linux for human beings.
    1. Re:New case in the works... by sorak · · Score: 4, Funny

      RIAA sues a rock, infringing on the musical style.

      Do you mean for stealing the name, or for being boring and unworthy of attention?

    2. Re:New case in the works... by Anonymous Coward · · Score: 1, Funny

      better hope that rock does not start rolling or it might triple the damages. . .

  5. This just goes to show you... by Skeet112 · · Score: 3, Funny

    ...You don't even have to own a computer for them to sue you for downloading music! Hell, you don't even need an address!

  6. Re:And again... by Pennidren · · Score: 5, Funny

    See why we don't RTFA?

  7. You know the lawyers at RIAA are insane... by Garabito · · Score: 5, Funny

    You know the lawyers at RIAA are insane when actual headlines like these read like if they were from The Onion

  8. Congratulations! by Anonymous Coward · · Score: 1, Funny

    Well done, RIAA! You're not evil, just incompetent!

  9. God... by amplt1337 · · Score: 3, Funny

    Here I thought *I* was a dick.

    --
    Freedom isn't free; its price is the well-being of others.
  10. Re:I'm amazed by zappepcs · · Score: 4, Funny

    The REAL question is where did the RIAA's lawyers get the heart from? They are showing it off in court now! They are going to sue this homeless guy, guy won't show for court, will be found in contempt, thrown in jail where he will now have free food and a safe place to sleep!!

    What are these RIAA lawyers thinking? WTF!

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    Support NYCountryLawyer RIAA vs People
  11. Re:The RIAA gets dumber by the day... by jimicus · · Score: 2, Funny

    Seriously, under what circumstance could the RIAA win? Bragging rights? Please tell me that no group of people think it's perfectly OK to brag about suing a homeless man.
  12. Or really sloppy by CustomDesigned · · Score: 4, Funny

    You'd have to be either retarded or just really, really stupid to actually believe that what I said was anything other than a joke.

    Or a really, really sloppy lawyer.

  13. Re:I'm amazed by __aaleib9616 · · Score: 5, Funny

    Of course, he made it available by singing loudly while looking for change/food, thereby causing it to be classified as a public performance for profit...

  14. Re:The RIAA gets dumber by the day... by BUL2294 · · Score: 2, Funny

    Please tell me that no group of people think it's perfectly OK to brag about suing a homeless man.
    Oh, I dunno... RIAA lawyers.
    --
    Windows 3.1x calc: 3.11 - 3.10 = 0.00
  15. Re:Translation by ookabooka · · Score: 2, Funny

    Say it with me: "I misinterpreted the rules. Good! Again...I misinterpreted the rules. I mis..."

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