RIAA Sues 19-Year-Old Transplant Patient

NewYorkCountryLawyer writes "Just when you think they've reached rock bottom, it seems the RIAA always finds room to sink a little lower. This time they've sued an innocent, 19-year-old transplant patient, hospitalized with pancreatitis and needing islet cell transplants. Although the young Pittsburgh lady claims that she did not infringe any copyrights, she failed to answer the complaint in time, and a default judgment was taken against her. A Pittsburgh area lawyer has stated that he will represent her pro bono and make a motion to open up the default."

Comments

What is this?

[moniker127]

She is guilty because she didnt respond in time? WTF is this? Guilty until proven innocent?
Why even hold a trial? Why not just delare the person with the most expensive lawyer the victor?

Re:What is this?

[sumdumass]

They are not. But their lawyer or anyone representing her can inform the court of this and all reasonable courts will make adjustments pending her outcome and ability to show up.

Something as simple as her parents or boyfriend or best friend or whatever going to the court house of record and saying So and So is hospitalize and won't be able to make this appearance date and we need it rescheduled would have been enough. Of course the people at the court house can't act as your attorney but they have to make reasonable exceptions to people with medical disabilities and this would qualify.

I was getting sued for a utility bill where an ex-roommate took service out in my name years after we have lived together and failed to pay the bills. I found out about it when I was on vacation three states away and ended up sending my brother down to explain that I would be late coming back and we needed to postpone the trial until I could make it home. I'm not sure why, when you give your SS# to get the service, they didn't think of serving papers or informing you that service was taken out somewhere else to my residence where I had service in my name instead of sending everything to the fictitious residence.

If there is a legitimate reason that you can't make it, simply letting them know about it is generally enough to get it rescheduled.

Re:Why doesn't somebody countersue them

[Walpurgiss]

They have some pretty interesting ad campaigns out at my university. In the dormitory food court, there are posters up that say the average out of court settlement of downloading 10 songs, and compare it to how much Ramen noodles you could buy. It is kind of funny actually.

Re:I hate the RIAA as much as anyone

[PFI_Optix]

IANAL

She can't have been served without the papers actually being given directly to her. A court summons sent by mail or handed to a relative is not guaranteed to reach the person, and the court MUST do due diligence in informing a person that they are being sued.

I'm with the GP, this is typical RIAA nonsense with a cheap emotional twist. I can't wait to see the furor over them suing a quadruple amputee, even those such people are perfectly capable of piracy and the RIAA has no way of knowing their amputee status until they meet in court.

OMG THEY SUED A SICK PERSON! I bet they didn't even know she was sick.

Re:How is their health relevant?

[NewYorkCountryLawyer]

1. You're misusing the term "pirate". In copyright law parlance, a copyright pirate is someone who reproduces a large number of exact copies for resale and commercial gain. NONE of the RIAA cases against noncommercial users involve "piracy" or "pirates". See, e.g. US Dept of Justice brief (pdf) at page 4 and footnote 4 on page 5; see also decision of Judge Michael J. Davis at pp. 40-43.

2. These cases don't happen because there's something wrong with copyright law; they happen because the RIAA has been disregarding the law, and the judges have usually let them get away with it.

Re:Yes it does matter IMHO

[Jeff DeMaagd]

And to those of you who think that it's okay to bring suits against helpless people, I repeat what I've said to you before; that is not a legal question, it's a moral question.

I agree with you.

The fact that the RIAA and its legal team are dirty rotten scumbags isn't really news.

You say it's a moral question, but the crux of the problem is that there are still legal questions here. Now that she's in this legal fix, what is her recourse? Is there an effective legal defense that that would help her?

Re:Why doesn't somebody countersue them

[Hatta]

So if I download more than 4000 songs, and I get sued, I'm still coming out ahead.

Re:Yes it does matter IMHO

[NewYorkCountryLawyer]

Aren't you supposed to have, you know, evidence that the person you're suing actually did what you're accusing them of?

If you worked at the RIAA's law firm and raised that question, they'd fire you.