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RIAA Victim Jammie Thomas Gets a New Lawyer

newtley writes "Only days after Brian Toder, her previous legal representative, had decided discretion was the better part of valour, leaving her fend for herself against the RIAA, Jammie Thomas says another lawyer has come forward with an offer of pro bono help. He's K.A.D. Camara from Camara & Sibley in Houston, Texas, says Jammie. And, 'He's the youngest person in history to graduate from Harvard Law school with honors,' she points out. Nor will her retrial be delayed, as was expected. It'll now go forward in June 15, as slated. 'I'm so happy!' Jammie said."

48 of 241 comments (clear)

  1. Young lawyer != good lawyer by Anonymous Coward · · Score: 5, Insightful

    I'm happy for Jammie that she got a new, free lawyer. But haven't we learned already that free isn't always a good thing?! If I was going up against the RIAA I would like someone with large amounts of experience, who knows all the tricks of the trade, and who knows how the RIAA fights.

    1. Re:Young lawyer != good lawyer by Anonymous Coward · · Score: 5, Funny

      haven't we learned already that free isn't always a good thing?!

      That depends, is this lawyer free as in speech or free as in beer?

    2. Re:Young lawyer != good lawyer by mangu · · Score: 5, Informative

      From his Wikipedia article:

      "A gifted child, he wrote a medical paper on alternative treatments for rheumatoid arthritis at age eleven,[1] which was published in the Hawai'i Journal of Medicine.[2] At sixteen, having skipped high school, Camara earned a Bachelor of Science in computer science from Hawaii Pacific University.[2] He completed the program in two years and was singularly recognized by the university for outstanding academic performance."

      Yes, he's just 25 and perhaps could have more experience. But anyhow he seems a pretty smart guy. And note that he is the senior partner in his own law firm.

    3. Re:Young lawyer != good lawyer by dyingtolive · · Score: 5, Insightful

      Well, I am no lawyer nor do I claim to have an extensive understanding of the legal system or law, but I'm willing to guess that free lawyer > no lawyer.

      --
      Support the EFF and Creative Commons. The war is coming, and they're supporting you...
    4. Re:Young lawyer != good lawyer by thomasinx · · Score: 5, Insightful

      Well, the advantage of a free lawyer in this case is that the record company can't just drag on proceedings to rack up expenses until she drops out. (A viable tactic in many lawsuits)

      However, I'm worried about the lack of preparation time that the new lawyer has. He has to familiarize himself with all of the previous casework, as well as come up with a defensible position. (All in his free time too...)

      I guess we'll see how it turns out pretty quickly.

    5. Re:Young lawyer != good lawyer by rabbot81 · · Score: 3, Insightful

      If I was going up against the RIAA I would like someone willing to stick his or her neck out for me.

    6. Re:Young lawyer != good lawyer by oneirophrenos · · Score: 5, Insightful

      This just snells like he is trying to take advantage of the situation to get some free exposure (In my opinion of course). That is not always in the best interest of the accused.

      He is taking the side opposite of corporate fatcats, people who could potentially employ him for large sums of money. If he's doing this for the dough, he's not very smart.

    7. Re:Young lawyer != good lawyer by bothemeson · · Score: 2, Insightful
      Not necessarily true; I won all my criminal court cases (breaking into US and UK military facilities in the UK) - with only 'A'-level law (http://en.wikipedia.org/wiki/Advanced_Level_(UK)) and a bit of luck (which is essential when it comes to law).

      One of the more famous similarly fought cases was two individuals against the might of McDonald's (http://www.mcspotlight.org/case/) - this makes informative reading.

      Not US law, I know, but 'the tricks of the trade' aren't that different from 'cunning' and some people have an abundance from the start.

      Experience isn't always used (no end of people cannot gain one whit from even their own - let alone other peoples'), I reckon that wisdom is experience multiplied by intellect - if you haven't got the intellect, then no amount of experience will do you any good.

      Good luck to them both.

    8. Re:Young lawyer != good lawyer by tkrotchko · · Score: 4, Insightful

      "Age and treachery will always overcome youth and skill"
            -- Attributed to John Barrymore

      --
      You were mistaken. Which is odd, since memory shouldn't be a problem for you
    9. Re:Young lawyer != good lawyer by drinkypoo · · Score: 4, Insightful

      I speculate that he already has a plan, and is familiar with the case. If you're paying attention to sci-tech or legal news you can't miss extensive, continuing coverage of the RIAA farce.

      When an industry has to stoop to suing its customers, you know it's on the way out.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:Young lawyer != good lawyer by drinkypoo · · Score: 2, Interesting

      He is taking the side opposite of corporate fatcats, people who could potentially employ him for large sums of money. If he's doing this for the dough, he's not very smart.

      You can piss off the corporate fat cats; if you beat them senseless in court, then they will immediately see the merits of hiring you. If they see a need for you, they'll hire you in a second. With that said, 99.9% of the "fat cats" have lawyers on retainer and/or their very own legal staff.

      Also, this guy is apparently quite intelligent. Maybe he is actually smart enough to know there's more to life than money.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    11. Re:Young lawyer != good lawyer by Clay+Pigeon+-TPF-VS- · · Score: 2, Insightful

      Any lawyer that passes the bar can start their own small firm and be a senior partner init. That doesn't mean that they have lots of money, or even lots of clients.

      --
      Viral software licensing is not freedom, it is in fact GNU/Socialism.
    12. Re:Young lawyer != good lawyer by TimeTraveler1884 · · Score: 2, Funny

      I wonder why he's "wasting" his time fighting bullies like RIAA in court instead of doing something really useful by trying to solve humanity's biggest problems.

      He's seems pretty smart. Perhaps he has identified the RIAA as the biggest threat to humanity?

    13. Re:Young lawyer != good lawyer by Jurily · · Score: 4, Funny

      That depends, is this lawyer free as in speech or free as in beer?

      Let me rephrase that: can we fork him?

    14. Re:Young lawyer != good lawyer by TarrVetus · · Score: 4, Insightful

      In his first year at Harvard, Camara was involved a racial controversy that would gain attention from the national media. Like many students, Camara posted his course outlines to a popular student-run website. Camara's, however, referred to blacks as nigs. For example, to summarize Shelley v. Kraemer, he wrote "Nigs buy land with no nig covenant; Q: Enforceable?"[7] The notes were prefaced with a disclaimer that they may contain racially offensive shorthand.[7]

      The case was about a line in the covenant on the piece of property a black man purchased. In it, it said that "people of the Negro or Mongolian Race" could not own the property. Camara was very aware of his wording in his notes, and used "nigs" as shorthand.

      The word obviously carries the same impact as the law's phraseology, is quick to write down, and functions as a memory-jogger for the full, real quote. His notes were no more offensive than the actual law--they were just not politically correct.

    15. Re:Young lawyer != good lawyer by Will.Woodhull · · Score: 2, Insightful

      This should be very interesting.

      K.A.D. Camara is not only a very bright young lawyer, he also has credentials in computer science and would probably be accepted by the Court as an expert witness on the technology (except for the conflict of roles). Not that he would do that. Just that he could do that.

      There is no question that he is going to be more knowledgeable about the technology than any other lawyer or judge involved in the RIAA cases. If Camara wants to rapidly establish himself as THE expert on IT law, this pro bono work is an excellent start.

      The RIAA lawyers should be afraid. Very afraid. For whatever his reason might be, they are now facing a crusader who knows the landscape better than they do.

      --
      Will
    16. Re:Young lawyer != good lawyer by hoggoth · · Score: 2, Interesting

      > The 10s I think will be the information revolution decade.

      The 10s will be the decade where we see the struggle and balance between the incredible power of all-seeing technology used for both fascist control of every aspect of our lives and for the freedom to exchange knowledge and associate in ways never before possible.

      I hope the good guys win, because George Orwell only had the slightest idea what would be possible with todays technology.

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    17. Re:Young lawyer != good lawyer by PieceofLavalamp · · Score: 2, Funny

      Well usually you buy them a drink first.
      But he is working pro bono...

    18. Re:Young lawyer != good lawyer by NewYorkCountryLawyer · · Score: 3, Interesting

      This should be very interesting. K.A.D. Camara is not only a very bright young lawyer, he also has credentials in computer science and would probably be accepted by the Court as an expert witness on the technology (except for the conflict of roles). Not that he would do that. Just that he could do that. There is no question that he is going to be more knowledgeable about the technology than any other lawyer or judge involved in the RIAA cases. If Camara wants to rapidly establish himself as THE expert on IT law, this pro bono work is an excellent start. The RIAA lawyers should be afraid. Very afraid. For whatever his reason might be, they are now facing a crusader who knows the landscape better than they do.

      Also, unlike the first trial, this time he will have an expert witness, thanks to the grant Jammie received from the Free Software Foundation enabling her to hire an expert. See Expert Witness Report of Prof. Yongdae Kim.

      --
      Ray Beckerman +5 Insightful
  2. That didn't take long by drinkypoo · · Score: 5, Insightful

    Sounds like he has a bone to pick. This guy's smack dab in the middle of the age range most concerned about and most knowledgeable about the issues at hand. He's obviously smart. The RIAA has been flailing left and right, so there's even hope.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  3. Bias... by pHus10n · · Score: 2, Insightful

    Look, I hate the RIAA as much as anyone else on this forum, but did we honestly need to resort to that type of summary in order to grab readers? "leaving her fend for herself" -- The lawyer that left was helpful for quite sometime, but has to feed himself (and family?) as well. You're throwing this guy away like he's part of the prosecution or something. He needs to make money like anyone, and she obviously can't pay those kinds of fees. Time for another crusader to shoulder some of the burden.

  4. Non-PC shorthand by reiisi · · Score: 5, Insightful

    Many blacks refer to each other and themselves as niggers.

    Non-whites can actually (usually) get away with using the term. Whites can't, but that's because whites are, by definition, racist.

    Not all black people think this way, but the word nigger is not necessarily racist. At least this guy is willing to post his raw brain dumps with a warning instead of a whitewash. Maybe he has prejudices, maybe he was just writing as fast as he could during the lecture.

    FWIW, I've found that people who recognize their own prejudices generally are less prejudiced in their behavior than people who don't.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    1. Re:Non-PC shorthand by danking · · Score: 2, Insightful

      How about referring to the guy in the office next to yours by his name.

    2. Re:Non-PC shorthand by pwfffff · · Score: 2, Funny

      Wow, 50 Cent was a slave at one point?

      You really do learn something new every day...

    3. Re:Non-PC shorthand by Shakrai · · Score: 5, Insightful

      When blacks use the word "nigger" it implies a common bond, a shared experience of hardship as a result of slavery

      Oh give me a fucking break. In my experience, most of the blacks who use the word nigger are spoiled teenagers and 20-somethings of the "me" generation who know absolutely nothing about hardship or history. Most of the older folks who actually grew up during the civil rights movement rarely use the word and don't look kindly upon those that do.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    4. Re:Non-PC shorthand by tompaulco · · Score: 2, Informative

      How do I describe the guy in the office next to mine who happens to be of African decent?
      That is an excellent question, considering that more than half of the people I have met who are TRULY African-American were of Caucasian descent. I don't see any particular reason to call a 5th or 6th generation immigrant to America African-American other than to be Politically Correct. I am third generation myself, but I consider myself to be an American and would never ask someone to call me Czechoslovakian-American.

      --
      If you are not allowed to question your government then the government has answered your question.
    5. Re:Non-PC shorthand by KutuluWare · · Score: 2, Interesting

      How about referring to the guy in the office next to yours by his name.

      Yes, because that always works.

      Me: "My buddy from work is gonna meet us at the Star Trek move; he'll probably get there before me. "

      Friend: "That's cool, I'll give him his ticket. What's he look like?"

      Me: "um... his name is Ken?"

    6. Re:Non-PC shorthand by Cornflake917 · · Score: 2, Insightful

      They do it out of their reverance of the black street culture, not in spite of it. In many informal interactions between blacks and non-blacks, it is acceptable for non-blacks to use the word "nigga" but NOT the word "nigger".

      Oh bullshit. Kids, regardless of race, say "nigga" because they think they sound cool when they say it. When the hell do kids say ANYTHING out reverence?

    7. Re:Non-PC shorthand by Roxton · · Score: 2, Interesting

      Of course whites have a stake in what to call those who aren't of pure Caucasian decent. How do I describe the guy in the office next to mine who happens to be of African decent? Is he black?

      That's the convention. Refer to them as black, but only if their appearance or ethnicity is pertinent to the discussion at hand. It's not hard.

      Clearly you and I both have an interest in the existence of a convention. We're just not entitled to a vote on what that convention is. With few exceptions, any white person who feels entitled to such a vote is a jackass. That's my argument.

    8. Re:Non-PC shorthand by TheLink · · Score: 2, Insightful

      A: "That's cool, I'll give him his ticket. What's he look like?"
      B: Sends photo/video of Ken.
      B: That's Ken.

      In the future you might only have to "think" to send the message. Almost like telepathy. You might even have artificial "photographic memory", so you can recall and send.

      Of course the folks in the RIAA, MPAA and Big Media would probably want DRM installed, and that would not be so good.

      The tech will be here soon. I hope the laws get better.

      --
    9. Re:Non-PC shorthand by sbeckstead · · Score: 3, Insightful

      How do I describe the guy in the office next to mine who happens to be of African decent? I would refer to him as "the man in the office next to me." Sounds perfectly descriptive to me.

    10. Re:Non-PC shorthand by fwarren · · Score: 3, Interesting

      As a 3th generation Irish American I agree.

      I am also lacking in white guilt. None of my ansestors ever oppresed them. MY ancestors were being oppresed by the British after Lincoln freed the slaves in this country. Did any of them come over and free my people? Nope.

      I know the score. I also know I would rather be a black person cut off from welfare and who has NO education AND a drug adiction problem than to be born in the lower caste in India. Or a pesant farmer in China.

      Despite the fact there are some people who are outright racist in America. Some who are a bit edgy about Minorities. There are plenty of oprotunties and plenty of people who don't care what you look like. The internet helps with this. I work from home and no one knows my sex or age or skin color or religon.

      --
      vi + /etc over regedit any day of the week.
  5. Pro bono doesn't mean out of charity by Jonas+Buyl · · Score: 5, Insightful

    Pro bono basically means the lawyer is free. This doesn't mean the lawyer doesn't get anything out of the deal though. If I were a young, smart, talented lawyer like him I would try and get some experience and boost my career with a hard high-profile case like this too. Even if it means I don't get a penny out of it right now, the reward will be large in the long run.

    1. Re:Pro bono doesn't mean out of charity by GreatAntibob · · Score: 2, Informative

      But if it was pro bono, wouldn't that be $0?

      Not quite. The lawyer still incurs costs. His own staff has to be paid (by the lawyer, of course). There's a lot of paperwork = copying costs, filing costs, etc. And he's theoretically losing other business by doing this, so there's lost opportunity cost

      Pro bono means $0 to his client. It doesn't mean he incurs no costs himself. And if he can work a way for somebody else to pay these costs, more power to him.

    2. Re:Pro bono doesn't mean out of charity by KiahZero · · Score: 2, Informative

      No. If you represent a client pro bono, that means that client won't be paying your fees. If you qualify for the various exceptions to the US rule that parties bear the cost of litigation, you can still take advantage of fee-shifting rules.

      --
      I'm a lawyer, but not yours. I wouldn't represent someone who thinks taking legal advice from Slashdot is a good idea.
    3. Re:Pro bono doesn't mean out of charity by jackbird · · Score: 2, Insightful

      That's taking a case on contingency, not pro bono.

  6. Re:How about NOT stealing your music? by Runaway1956 · · Score: 3, Funny

    With a name like "Anonymous Coward", you look down on whiny snotnoses? Stop whining anonymously, you - you - you COWARD!!

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  7. RIAA "Victim"? by Anonymous Coward · · Score: 5, Funny

    How is this bitch a "victim"? She stole 10s of dollars worth of music from billionaires. Damn injun.

  8. Re:How about NOT stealing your music? by 91degrees · · Score: 2, Insightful

    Well for starters, the jury MORE than suggested it.

    Nope. They were quite clear that she was making them available. Whether she downloaded them or ripped them from her own CDs didn't factor into their considerations.

  9. From the lawyer's website: by Anonymous Coward · · Score: 5, Informative

    "With Professor Charles Nesson of the Harvard Law School, we are defending Brittany English, a junior and cheerleader at Case Western Reserve University in a prosecution brought by the recording industry under the Copyright Act for allegedly illegal music downloading and sharing. Brittany is counter-suing the Recording Industry Association of America, its members, and the individuals who organized its litigation campaign.

    Armed with the threat of $150,000 in statutory damages per illegal download (a $1.5M judgment in a small, 10-song case, where the actual damages are about $10, the price of 10 songs on iTunes), the recording industry has obtained more than $100M in settlements from individuals like Brittany. We are asking the courts to declare that statutory damages like these â" 150,000:1 â" are unconstitutional and that the RIAAâ(TM)s campaign to extract settlements from individuals by the threat of such unconstitutional damages is itself unlawful, enjoin the RIAAâ(TM)s unlawful campaign, and order the RIAA to return the $100M+ that it obtained as a result of its unlawful campaign."

  10. gentlemen... by nimbius · · Score: 5, Funny

    may i introduce my new lawyer...crafted from pure win. you will refer to him as "Mr. Busdriver man," because today he's taking you to school.

    --
    Good people go to bed earlier.
  11. Pro Bono by itschy · · Score: 5, Funny

    I, too, am pro Bono.

    But those glasses? Come on...

  12. Liberté,égalité by Kupfernigk · · Score: 2, Insightful
    I couldn't get the third one in. But, and this is not trolling, something is very wrong in the US legal system when an overbearing plaintiff can arbitrarily claim enormous damages and rachet up a case to the point that the defendant cannot afford to contest it. The old French revolutionary slogan meant "equality before the Law".

    Here in the UK the majority suddenly seem to have woken up to what their "elected representatives" have done in their name, and unexpected people we know are pretty cross about it. In the US, the RIAA affair is, quite literally, a slide into Fascism - a state in which corporations enjoy special privileges and are part of the Government. Here is a 25 year old lawyer actually saying this on his website, that the behaviour of the RIAA is unConstitutional. Either he's hoping to be bought off after the case (cynical) or he has ambitions for a career in politics (much less cynical).

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
  13. Re:How about NOT stealing your music? by Atrox666 · · Score: 4, Insightful

    Because the parasite music companies engage in price fixing, payola and racketeering in order to steal our money. They profiteer off artists by the same corrupt methods. Because they lobby the government they get away with it. They steal from us as much as humanly possible. It's the kind of relationship THEY created. Now that they are getting the short end of the stick and the universe is balancing out they are crying like a bunch of little babies. Screw them let them starve if they all go out of business the world will be a better place.

    Ask how much of the money the RIAA has won they shared with the artists.

  14. Comment removed by account_deleted · · Score: 2, Funny

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  15. Re:How about NOT stealing your music? by shentino · · Score: 2, Interesting

    This is what makes the RIAA so outrageous.

    They want to have a wet-dream of pay by the minute for you RENTING your own stuff, and transfer fees for putting it on your devices.

    This is, by definition, rent seeking.

    Hey, I just noticed something...The RIAA doesn't have much real competition does it?

    What if the RIAA had to fight with a rival for its dough?

  16. Comment removed by account_deleted · · Score: 2, Informative

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  17. Comment removed by account_deleted · · Score: 2, Interesting

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