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RIAA Sues Homeless Man

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.'"

14 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."

  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.
  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?

  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. 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.
  9. 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!

  10. 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.

  11. 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...