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Tenenbaum Lawyers Now Passing the Hat

NewYorkCountryLawyer writes "Just when you think this case couldn't get any stranger, it now appears that the defendant's 'legal team' in SONY BMG Music Entertainment v. Tenenbaum is passing the hat, taking up a collection. Only the reason for the collection isn't to defray costs and expenses of further defending the action, but to pay the RIAA the amount of the judgment so that their client won't have to declare bankruptcy. I would suggest there might have been a much better way of avoiding bankruptcy. It's called 'handling the case competently.'"

388 comments

  1. I have a question by Mr_eX9 · · Score: 5, Insightful

    Why does it seem that everybody involved in these cases is an idiot? The RIAA lawyers, the defendants and their representation, the judges, the juries...they all sound like total stooges. How has everything gone so completely wrong?

    1. Re:I have a question by sopssa · · Score: 3, Insightful

      Well if you could do better, go try :)

    2. Re:I have a question by NewYorkCountryLawyer · · Score: 5, Interesting

      Why does it seem that everybody involved in these cases is an idiot? The RIAA lawyers, the defendants and their representation, the judges, the juries...they all sound like total stooges. How has everything gone so completely wrong?

      What's gone on in the 2 cases that have gone to trial is like one long, bad dream. The root problem is economics. The defendants can't afford to go out and hire a competent lawyer, and lawyers can't afford to do these cases without getting paid. A good lawyer would have either prevented the outlandish things that occurred, or developed an impervious record for an appeal.

      --
      Ray Beckerman +5 Insightful
    3. Re:I have a question by siloko · · Score: 1

      How has everything gone so completely wrong?

      In a way that's quite reassuring - if everything had gone smoothly AND the judgement remained as it is then I would start thinking of show trials and 1984 - at least with this level of incompetence you know there's no global conspiracy - just stupid people wrapped up in their own theories of 'right'.

    4. Re:I have a question by Doctor_Jest · · Score: 1

      These sorts of suits aren't about who's right and wrong anymore (or if it's even willful or not)... it's just a contest between idiots where each tries NOT to out-idiot the other. In this case the RIAA actually didn't out-idiot the defendant or his lawyers (I use that term loosely). The rest of the fiasco is merely the luck of the draw. Most judges are old enough to remember the invention of radio (I swear they feed off the blood of virgins to stay alive), so asking them to apply laws to a moving target like technology is bound to end up in some "well that stuck on the wall..." I'm surprised the judges don't equate file-sharing with that "evil technology called piano rolls." Either we make judges understand technology, or we provide a colorful handout to juries. (I'm not necessarily saying this case needed a "new technology coloring book", but most tech-related trials like this need some help...) *shrug* It's going to get worse before it gets better, I think...

      --
      It's the Stay-Puft Marshmallow Man.
    5. Re:I have a question by number11 · · Score: 5, Insightful

      What's gone on in the 2 cases that have gone to trial is like one long, bad dream. The root problem is economics. The defendants can't afford to go out and hire a competent lawyer, and lawyers can't afford to do these cases without getting paid. A good lawyer would have either prevented the outlandish things that occurred, or developed an impervious record for an appeal.

      I have to admit, IANAL even though I read Groklaw, and I haven't been following this case closely. But I saw that the judge's rationale was that plaintiffs had asked the defendant "are you liable" and he said "yes". It seems to me that when that question was asked, all of the defense lawyers should have levitated out of their seats screaming "Objection!" Perhaps I just don't understand the routine, or maybe reflex time is the difference between academic lawyers and lawyers who actually spend their time in the courtroom.

    6. Re:I have a question by Anonymous Coward · · Score: 0

      If you're getting your news from slashdot it's no surprise. The side that's winning is the reviled one. The side that's supported here is losing like crazy.

      So the winners aren't popular, and the popular ones are losing.

      Of course they look like idiots when you consider that.

    7. Re:I have a question by NewYorkCountryLawyer · · Score: 5, Insightful

      plaintiffs had asked the defendant "are you liable" and he said "yes". It seems to me that when that question was asked, all of the defense lawyers should have levitated out of their seats screaming "Objection!"

      You are 100% right.

      --
      Ray Beckerman +5 Insightful
    8. Re:I have a question by Aeternitas827 · · Score: 3, Interesting

      Wouldn't the defendant have been able to refuse to answer, or at least raise concerns, regarding that sort of questioning as well?

      --
      I don't post AC. I like my -1, Flamebaits. Trump/Sheen 2012 on the Batshit Insane ticket!
    9. Re:I have a question by pieterh · · Score: 5, Insightful

      Is there any scenario in which losing this case incompetently and ending up with an outlandish fine actually works against the RIAA? They do in the end need to win over public support and judgements like this one tell people, "piracy is dangerous but the recording industry are massively evil."

      It swings the argument away from "piracy is theft and you'll be punished" to "piracy is an act of resistance against a fascist state and you'll be crucified".

      The point being that there is no shortage of young guys willing to take the risk of getting figuratively killed if it potentially brings them the great glory of attacking an evil regime.

      IMO the motivation of the PirateBay Three was fame and glory more than anything else.

      Such judgements thus make it inevitable that the sharing of copyrighted music, movies, and TV will intensify.

    10. Re:I have a question by tsa · · Score: 1

      Why would the RIAA need a positive public opinion? Record companies have a monopoly on the music they sell. They are united in the RIAA. If you buy music, you pay the RIAA to be able to conduct these ridiculous lawsuits, wether you want it or not.

      --

      -- Cheers!

    11. Re:I have a question by NewYorkCountryLawyer · · Score: 5, Interesting

      Is there any scenario in which losing this case incompetently and ending up with an outlandish fine actually works against the RIAA?

      I'd like to think so, but in all honesty, no. When a case is mishandled this way, it will create problems for the competent lawyers representing innocent defendants all across the country. Because the RIAA lawyers will look for any way possible to capitalize on it.

      From a PR standpoint, who knows?

      --
      Ray Beckerman +5 Insightful
    12. Re:I have a question by Keeper+Of+Keys · · Score: 2, Insightful

      If you buy music from one of the "big four" labels, you pay the RIAA to be able to conduct these ridiculous lawsuits, wether you want it or not.

      Fixed that for you. Not every record label is an evil extortionist.

    13. Re:I have a question by number11 · · Score: 3, Insightful

      Wouldn't the defendant have been able to refuse to answer, or at least raise concerns, regarding that sort of questioning as well?

      Of course. But you can't really fault the defendant for not understanding how suicidal saying "yes" was going to be, he's not a lawyer.

    14. Re:I have a question by Anonymous Coward · · Score: 1, Informative

      I am not a lawyer.

      One can't object on 5th Amendment grounds to questions of liability in civil cases, though one can refuse to answer on 5th Amendment grounds. However, in civil cases, factfinders are permitted to infer whatever they wish when the 5th Amendment privilege is invoked. See Baxter v. Palmigiano, 425 U.S. 308, 318 (1976).

    15. Re:I have a question by Anonymous Coward · · Score: 3, Insightful

      Tenenbaum would have been wise to remember a scene from Miracle on 34th Street. The prosecutor asks Kris Kringle where he resides and he responds "That's what this hearing will determine." That should have been his answer to the question in the first place.

    16. Re:I have a question by tsa · · Score: 1

      I didn't know that, but isn't there a law that says that even when you buy music from non-RIAA labels you still pay them?

      --

      -- Cheers!

    17. Re:I have a question by westlake · · Score: 2, Informative

      But I saw that the judge's rationale was that plaintiffs had asked the defendant "are you liable" and he said "yes". It seems to me that when that question was asked, all of the defense lawyers should have levitated out of their seats screaming "Objection!"

      In which case, the judge simply asks the attorney to rephrase his question or withdraw it.

      It's a "harmless error." Changes nothing.

      By that time Tennebaum had buried his defense six feet under and paved it over with cement.

      Instead, over and over, Tenenbaum admitted under oath that he used KaZaA, LimeWire, and other peer-to-peer software to download and distribute music to others unknown. "This is me. I'm here to answer. "I used the computer. I uploaded and downloaded music. This is how it is. I did it," he testified before a packed courtroom, whose spectators included an all-star cast of Harvard Law School copyright scholars: Lawrence Lessig, John Palfrey, and Jonathan Zittrain.

      "Are you admitting liability for all 30 sound recordings" on which the record labels brought suit, asked the plaintiffs' attorney Tim Reynolds. "Yes," said Tenenbaum.

      Tenenbaum then admitted that he "lied" in his written discovery responses, the ones in which he denied responsibility.

      "Why did you lie at that point?" asked Tenenbaum's attorney, Harvard Law School professor Charles Nesson. "It was kind of something I rushed through," responded Tenenbaum. "It's what seemed the best response to give." At the time he gave the admittedly false discovery responses, Tenenbaum testified that he was being advised by his mother Judith, a family law attorney who works for the Commonwealth of Massachusetts.


      During Tenenbaum's testimony, plaintiffs' attorney Tim Reynolds walked Tenenbaum methodically through the evidence, extracting scores of one, two, and three-word admissions that he did exactly what plaintiffs have accused him of doing.

      "You used KaZaA to download music, right?"

      "You used LimeWire to get music without paying for it, right?"

      "Your goal was to obtain the maximum amount of music with the minimum amount of wasted effort, right?"

      "Yes." "I did." "Yes, I did," Tenenbaum said calmly, over and over and over, in response to Reynolds' questions.

      Tenenbaum admitted that the screenshots captured by MediaSentry in August 2004, showing over 800 song files in his KaZaA shared folder, were accurate representations of the contents of that folder.

      He admitted that he listened to his copies of all 30 songs he is accused of downloading and distributing--negating Nesson's suggestion that some of them were actually fake files, "spoofs" put on peer-to-peer networks by copyright owners to frustrate users trying to obtain music for free.

      And Tenenbaum accepted all of the conclusions of plaintiffs' computer forensics expert, Dr. Douglas Jacobson, as true. "I trust he's a competent professional," said Tenenbaum. Tenenbaum takes the stand: I used P2P and lied about it.

    18. Re:I have a question by MarkvW · · Score: 2, Insightful

      The people of the USA elected representatives who passed these stupid laws. It's not the "RIAA lawyers, the defendants and their representation, the judges, the juries . . .." It's the American People who don't give enough of a damn to participate in government and save us from the stooges of the moneyed interests.

      The underlying problem is the draconian punishments imposed by the copyright law. The outcome of these stupid trials are foreordained by the law.

    19. Re:I have a question by Keeper+Of+Keys · · Score: 1

      I don't think so - AFAIK the RIAA only represents the four majors.

    20. Re:I have a question by westlake · · Score: 4, Insightful

      Is there any scenario in which losing this case incompetently and ending up with an outlandish fine actually works against the RIAA?

      In one word:

      No.

      Jamie Thomas took her case twice to a jury and was twice hammered into the ground.

      Tenenbaum admits to every element of the plaintiff's case. He admits to lying under oath in his depositions.

      He also gets hammered into the ground.

      Three juries. Three verdicts. Not the faintest breath of sympathy for the geek taking the stand.

      That ought to tell you something.

    21. Re:I have a question by MarkvW · · Score: 3, Insightful

      I don't know how Louis Nizer could have kept Mr. Tennenbaum from being found liable for copyright violation! Do you? Seriously . . .
      Tennenbaum admitted to the copyright violation. A good lawyer can't undo that!

      A good lawyer can advocate for mercy (like Clarence Darrow did for Leopold and Loeb), but it's gotta be hard when your client gets the RIAA warning letter and continues with his merry downloading or when your client is believed by the jury to be flat-out lying his/her ass off.

      Sorry, but I don't get your "a good lawyer would have made a difference" point. I think that kind of rhetoric has the unfortunate effect of jacking up the Slashdot crowd into believing that there is a real chance of beating these copyright cases (hand-picked by the RIAA to go to trial) on the merits with the law as it stands now.

      Your statement regarding an "impervious record for an appeal" suggests that there is a sure-fire winner buried somewhere in the case, but that only a "good lawyer" can preserve it so that the appeals court will ultimately save the day. The only meaningful appellate argument that I can see centers around the extreme punishment inflicted in these two cases. I'm unwilling to conclude, based on the record I've seen, that the lawyers have screwed THAT up. I expect that the Courts of Appeals will ultimately decide whether or not that argument has merit.

      What other arguments did these lawyers miss that a "good lawyer" wouldn't have missed? None that would be outcome-determinative, as far as I can see.

    22. Re:I have a question by Anonymous Coward · · Score: 0

      You are thinking of Private copying levy.

      For example, here in Finland, you pay significantly extra to buy empty CDs because you might burn music to them. (Which has been made, for nearly any use, illegal. At least if you need to circumvent copy-protection.) That money is given to Teosto which distributes the money to artists (read: record labels) who belong to Teosto. So if you buy empty CD (or hard drive or any other sort of storage device) here in Finland, you end up giving about half the money to Sony, etc...

      If I interpret the "United States" section from my first link correctly, the same is true in USA to a much lesser extent. 3% of the cost of blank audio CDs sold goes to record labels.

    23. Re:I have a question by johncadengo · · Score: 1

      Man. Something's wrong. I really was hoping this would be another case of stick it to the man civil disobedience. The kind that goes all the way to the Supreme Courts screaming out injustice. The kind that makes front page headlines about the incredibly imbalance and unfairness of the current legislation. What went wrong here and why aren't we fighting!

      --
      My page.
    24. Re:I have a question by CAIMLAS · · Score: 2, Interesting

      Two words: public education. (The fact that you likely understand that statement is likely partially indicative of the total hold popular entertainment has had upon our minds - and the dearth of a literary backing to our psyche.)

      The sad fact is that since shortly after (during?) World War II, popular culture (Elvis, John Wayne, the Beatles, etc.) has been the prevailing form of culturing we've received as a society. Yes, some of it's good: intelligently performed, produced, and sometimes educational to boot. But for the most part, it's insipid and a complete waste of time - mental masturbation of the least constructive kind. Before such things, prevailing culture was disseminated through books, discourse (in person and through writing), and social gatherings. Now, we just "party".

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    25. Re:I have a question by Anonymous Coward · · Score: 0, Funny

      Well if you could do better, go try :)

      Oooohhhhh -- smiley, smiley.

      Aren't you just the smug little son of a bitch?

    26. Re:I have a question by cliffski · · Score: 4, Insightful

      But the guy *was* guilty. he clearly obviously and without any doubt DID share those songs, DID download copyrighted material, and DID know what he was doing was illegal. This wasn't a single track, he had shared hundreds of songs over a long period.
      You waffle on about how "the case should have been handled better", but that's because you are a lawyer who wants his fee.
      If this guy was a friend of mine, my advice would be "dude, your guilty as fuck. Settle out of court and get on with your life".
      Only a friend who was a lawyer or an anti-copyright zealot would advise any differently.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    27. Re:I have a question by NervousNerd · · Score: 1

      Three juries. Three verdicts. Not the faintest breath of sympathy for the geek taking the stand.

      I wouldn't quite call them geeks, as a geek would be far less likely to get caught.

    28. Re:I have a question by johncadengo · · Score: 1

      I love how the campaign is titled "Joel Fights Back"

      My friends, you call this fighting? Are you serious?

      I call this bending over and taking it from behind. He might as well be in jail.

      --
      My page.
    29. Re:I have a question by tsa · · Score: 1

      We have that here in NL too. Downloading music is legal here; sharing is not.

      --

      -- Cheers!

    30. Re:I have a question by Anonymous Coward · · Score: 0

      I think you're talking about SoundExchange, formerly a division of the RIAA. They collect fees for public performance of sound recordings, not from buying CDs or MP3s. The money is distributed to the copyright holders owners of those recordings (usually the record companies).

    31. Re:I have a question by blind+biker · · Score: 1

      It seems to me that when that question was asked, all of the defense lawyers should have levitated out of their seats screaming "Objection!"

      Levitated? More like violently propelled, as if sitting on a rocket-powered ejection seat.

      This is a disaster.

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    32. Re:I have a question by commodore64_love · · Score: 0, Flamebait

      Dear NewYorkCountryLawyer:

      I don't appreciate your tone towards these people (calling them "incompetent" et cetera). If I recall correctly the team was led by a law school professor, who I presume has the same intelligence as the professors who taught you & took you from being a know-nothing student to a professional. In my humble opinion it isn't proper to be insulting a man who likely has a higher IQ than you do (and better manners too). Frankly you're acting juvenile with these insults.

      Yes they lost the case, but do you really think you would have been able to win? If yes, then maybe you should have stepped forward to do the job, rather than sit on your ass and be the lawyerly-equivalent of a movie critic or Monday-morning quarterback.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    33. Re:I have a question by sumdumass · · Score: 5, Informative

      Guilty and liable are two separate things. You can actually violate a law and not be liable to any of it's consequences.

      The problem here I believe was that he didn't have the money to settle out of court until after they were committed to trial. At that point, he already talked to a lawyer who saw that he was probably guilty but not liable or at least liable to the extent of the out of court settlement.

      When the judge asked if he was liable, the answer should have been no all the way. The big upset here is that the judge is the trier of facts, not a prosecutor or investigator. He shouldn't be able to ask the defendant misleading questions, he is supposed to let counsel present the evidence and then determine what happened. His lawyers should have objected to the question on those grounds alone and instructed Tenenbaum that his position was they he might be guilty but not liable. In fact, that was the position of his case with the constitutionality claims on the penalties and fair use claims and so on.

      The question of whether you are liable when the issue is did you do X if so then you are liable is misleading at best because of the intrinsic connection to the guilt of an action. Comming from the judge is even worse. It's like waking someone from a deep sleep to ask them for permission to do something knowing they won't fulling comprehend the question and grant permission. Except in this case, he ended up admitting he was liable under the confusion which negated all of his other claims to a defense against the liability.

    34. Re:I have a question by sumdumass · · Score: 1

      Might as well ad the US to the list. Except in our case, the discs have to be labeled as music. CDs labeled as "data" avoid the tax.

      Canada has the same laws but it goes to anything a song could be placed on and at one point in time, it included hard drives.

    35. Re:I have a question by commodore64_love · · Score: 3, Interesting

      I'm surprised they allowed the defendant on the stand. Maybe the rules for civil procedure are different than criminal.

      I still think they should appeal the case rather than pay the fine. His sentence is equivalent to a life sentence since that's how long it would take him to work & earn the money. A "life sentence" seems cruel-and-unusual punishment (and therefore unconstitutional) for the mere act of bittorrenting 30 dollars worth of songs.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    36. Re:I have a question by westlake · · Score: 2, Informative

      I wouldn't quite call them geeks, as a geek would be far less likely to get caught.

      Excuse me for a moment. I seem to be choking on something.

    37. Re:I have a question by MaskedSlacker · · Score: 2, Interesting

      There has to be more to this--if that's how the testimony went then this had to be intentional. No defense attorney would just let all that go through.

      Wasn't there a story some weeks ago about how the attorneys in this case wanted to invalidate the law on appeal anyway?

    38. Re:I have a question by commodore64_love · · Score: 3, Insightful

      >>>This wasn't a single track, he had shared hundreds of songs over a long period.

      30 songs. The rest is conjectural and not proven, and therefore not relevant to this case.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    39. Re:I have a question by MaskedSlacker · · Score: 3, Informative

      Not true. They also represent a massive number of smaller labels:

      http://en.wikipedia.org/wiki/List_of_RIAA_member_labels

      Some labels are not RIAA, but most are.

    40. Re:I have a question by commodore64_love · · Score: 1

      Fool.

      He should have stayed with his written testimony that he knew nothing about downloading anything. Or better yet, invoke his Constitutional right to remain silent.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    41. Re:I have a question by commodore64_love · · Score: 4, Insightful

      >>> It's the American People who don't give enough of a damn to participate in government

      That's not the problem. Even if everyone voted, it's the lobbyists who hold the real power to control Congress, and these lobbyists are supported by trillions of corporate dollars. It's just like Thomas Jefferson predicted in the 1790s - the corporations will exert power over the government and no longer hear the voice of the people.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    42. Re:I have a question by Anonymous Coward · · Score: 0

      You're absolutely right. I mean, if he heard someone who couldn't sing, he should just step up and sing for them instead of commenting on it, right? And god forbid he should critique something he knows something about. Such a thing is clearly fucking heresy.

      In short, shut the fuck up.

    43. Re:I have a question by CarpetShark · · Score: 2, Funny

      Fixed that for you. Not every record label is an evil extortionist.

      Indeed. The rest are just wannabes.

    44. Re:I have a question by commodore64_love · · Score: 1

      >>> if he heard someone who couldn't sing, he should just step up and sing for them instead of commenting on it, right?

      If the quality of the song could lead to your client losing 1 million dollars, then yes that's exactly right. You don't just sit by and complain later, "We lost." You get off your ass and do something.

      If you choose to do nothing, then you have no right to insult the person(s) who tried their best. I've encountered this in my own life, where I was criticized by people for not running a club correctly, and yet a year earlier when those same persons had been asked to volunteer to be officers, they were silent.

      If you're silent when people ask for your help, then you should remain silent all the way to the end. Don't criticize the brave souls who did the best they could, while you refused to help.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    45. Re:I have a question by commodore64_love · · Score: 3, Insightful

      Maybe the guy who is suing Amazon for damages will win a couple thusand dollars, and then he can donate that money to pay-off RIAA. That would be perfect symmetry - one jackass corporation paying-off another jackass corperation.

      Sometimes I think we are mere ants walking in the midst of giants.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    46. Re:I have a question by Daengbo · · Score: 3, Informative

      The guy made offers twice to give everything he had to the RIAA. He even mailed them over $5000. They returned his check.

    47. Re:I have a question by OrangeCatholic · · Score: 2

      >There has to be more to this

      Yeah. I raised an eyebrow when I saw this in the newspaper. Tenenbaum says, "I'm disappointed, but I'm thankful it wasn't millions. To me it sends a message of 'We considered your side with some legitimacy.'"

      He's *thankful*??

      I've never heard of a defendant who was this much of a douchebag. It makes me wonder if there's some way he could have taken a dive.

      Check out his d-bag face

    48. Re:I have a question by lacoronus · · Score: 1

      What is the difference between that answer and what the defendant said previously, namely that he had downloaded and uploaded the works in question?

      It seems to me that this is what happened:

      • Defendant: Yep, I did pirate 30 works, this is how I did it (shows the court).
      • Plaintiff: So you admit liability for all 30 works?
      • Defendant: Yes.

      So the "yes" is basically only a clarification of the previous statement. Which is a statement that he has made outside of court as well, IIRC.

    49. Re:I have a question by commodore64_love · · Score: 2, Interesting

      P.S.

      I find it interesting that recordingindustryvspeople.com advises to donate money to ongoing trials, not Tennenbaum. That does make more sense if your goal is to defeat the MAFIAA. Although if I'm going to be spending money, then I'd rather just use it to buy the songs legally, which makes the whole issue moot.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    50. Re:I have a question by DaveV1.0 · · Score: 1, Informative

      But, that is not what he was asked, was it, Ray? You, a lawyer, should know that, but you want to spin it.

      What was actually said? Let's take a look:

      "This is me. I'm here to answer," said Tenenbaum. "I used the computer. I uploaded and downloaded music. This is how it is. I did it," he testified before a packed courtroom, whose spectators included an all-star cast of Harvard Law School copyright scholars: Lawrence Lessig, John Palfrey, and Jonathan Zittrain.

      "Are you admitting liability for all 30 sound recordings" on which the record labels brought suit, asked the plaintiffs' attorney Tim Reynolds.

      "Yes," said Tenenbaum..

      "Are you admitting liability for all 30 sound recordings" is not asking "Are you liable", it is asking "Are you doing what you seem to be doing". Completely different questions and you should know that. The fun part comes in that dumbass could have answered "No, I am not saying that".

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    51. Re:I have a question by FunWithKnives · · Score: 3, Informative

      ... the judge is the trier of facts ...

      This may be a bit pedantic, but in a jury trial such as this the judge is the trier of law and the jury is the trier of fact. If this was a bench trial however, you'd be correct - the judge would try both fact and law.

      --
      "We may face a scorched and lifeless earth, but they're accountable to their shareholders first."
    52. Re:I have a question by Anonymous Coward · · Score: 0

      A huge majority of those "smaller labels" that are listed are actually imprints and subsidiaries of the Big Four.

    53. Re:I have a question by Anonymous Coward · · Score: 0

      Man. Something's wrong. I really was hoping this would be another case of stick it to the man civil disobedience. The kind that goes all the way to the Supreme Courts screaming out injustice. The kind that makes front page headlines about the incredibly imbalance and unfairness of the current legislation. What went wrong here and why aren't we fighting!

      Since when does juvenile "stick it to the man civil disobedience" have one damn thing with anything else you posted?

      What it looks like "went wrong here" is that some naive academic lawyers took their theory of how the law should be, one not-so-bright client, and through a cascade of inexperienced and wishful-thinking bad lawyering crashed and burned.

      Maybe they were childishly obsessing about being "disobedient" and "stick[ing] it to the man".

    54. Re:I have a question by Anonymous Coward · · Score: 0

      I really was hoping this would be another case of stick it to the man civil disobedience.

      Me, too! I wanted reinforcement for my rationalizations for infringing on others' copyrights to get my entertainment for free, because Slashdot isn't providing enough of it.

    55. Re:I have a question by pacergh · · Score: 1

      So, can we expect you to be running for President in 3 or so years? Or Glenn Beck?

    56. Re:I have a question by harlows_monkeys · · Score: 1

      Is there any scenario in which losing this case incompetently and ending up with an outlandish fine actually works against the RIAA? They do in the end need to win over public support and judgements like this one tell people, "piracy is dangerous but the recording industry are massively evil."

      I don't know how vigorously the RIAA tried to settle this case, but in the earlier one, they kept offering to settle for a couple thousand dollars are so, even after they won the first trial and big judgement. The defendant was sharing something like 1700 songs, and so a settlement of a few thousand dollars was eminently reasonable, so I don't see how the RIAA is supposed to end up looking evil here.

    57. Re:I have a question by pacergh · · Score: 1

      No defense attorney would have let it go through unless it was part of his plan.

      Then again, he was not represented by a defense attorney. He was represented by a law school professor who has likely not seen a courtroom in years and a bunch of law students who likely had never seen a courtroom.

    58. Re:I have a question by harlows_monkeys · · Score: 1

      What's gone on in the 2 cases that have gone to trial is like one long, bad dream. The root problem is economics. The defendants can't afford to go out and hire a competent lawyer, and lawyers can't afford to do these cases without getting paid. A good lawyer would have either prevented the outlandish things that occurred, or developed an impervious record for an appeal.

      You didn't start your analysis far back enough. The root problem is the defendants in both cases being guilty, and the plaintiffs having overwhelming evidence of that guilt. A good lawyer doesn't need an innocent client, but it sure helps.

    59. Re:I have a question by Nefarious+Wheel · · Score: 1

      Record companies have a monopoly on the music they sell.

      Maybe not monopoly, as the RIAA actually represents several companies, so it would be difficult to say there was insufficient competition and make it stick.

      On the other hand, however, anti-trust might be an interesting path to change - if enough judges see enough instances of RIAA acting contrary to the spirit of RICO they may just eventually want a balancer - and it would be a good thing if it happened.

      On the gripping hand, they can take their gold-plated buggy whips and wave them from their nether orifices. I buy indie music off the web, and it's good, and the rest I make myself. More will if this goes on, I trust. I'd bring back folk music (the real stuff) if it would help.

      --
      Do not mock my vision of impractical footwear
    60. Re:I have a question by DarkOx · · Score: 1

      Dear commodore64_love,

      NewYorkCountryLawyer is so upset because the defense perused a largely untried legal theory when there was not reason to do so. The exposure to the defendants could have been very much reduced in other ways. I think your judgment of him is a little harsh.

      These guys did not do what was probably best for their client. That is not proper acting for an attorney. I also point out there is perhaps a reason the expression "Those who can't teach." has been around for so long.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    61. Re:I have a question by Martin+Blank · · Score: 1

      That only works in criminal cases. In civil cases, the court (which includes the jury) is allowed to make adverse inferences -- and judging by the words of Justice Brandeis is perhaps expected to do so -- when a defendant refuses to answer. Therefore, a refusal to answer seems to be just shy of providing the answer that the opposing attorney wants.

      --
      You can never go home again... but I guess you can shop there.
    62. Re:I have a question by DarkOx · · Score: 2, Insightful

      A record company is first and for most a marketing agency, public opinion is everything to them. Which is why we need to make sure the head lines always LABEL who they really are, dont let them hide behind the RIAA. The headline should be the, RIAA representing Sony BMG, has filed suit against....

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    63. Re:I have a question by maharb · · Score: 2, Insightful

      Don't buy from these labels. The only way to fight back is with our purchasing power. These companies are in with the government, never expect the law to help.

      Then, someday we could have reasonably priced music with reasonable rights to copy what we purchased to multiple devices without being treated like criminals.

    64. Re:I have a question by commodore64_love · · Score: 1

      As a matter-of-fact, yes I am running for Congress in 3 years. I don't really expect to win since I didn't win my previous campaign for the state legislature, but I'm going to at least volunteer as a representative. I'm tired of sitting on the sidelines and watching politicians commit unconstitutional, illegal acts.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    65. Re:I have a question by Registered+Coward+v2 · · Score: 1

      But, that is not what he was asked, was it, Ray? You, a lawyer, should know that, but you want to spin it.

      What was actually said? Let's take a look:

      "This is me. I'm here to answer," said Tenenbaum. "I used the computer. I uploaded and downloaded music. This is how it is. I did it," he testified before a packed courtroom, whose spectators included an all-star cast of Harvard Law School copyright scholars: Lawrence Lessig, John Palfrey, and Jonathan Zittrain.

      "Are you admitting liability for all 30 sound recordings" on which the record labels brought suit, asked the plaintiffs' attorney Tim Reynolds.

      "Yes," said Tenenbaum..

      "Are you admitting liability for all 30 sound recordings" is not asking "Are you liable", it is asking "Are you doing what you seem to be doing". Completely different questions and you should know that. The fun part comes in that dumbass could have answered "No, I am not saying that".

      I think Ray has it right - the defendant was asked if he was admitting liability - and since liability means legal responsibility for your actions - he essentially said yes I committed the acts the plaintiffs allege and am responsible for the damages; so the only question is what are the damages?

      So I agree with Ray that his attorneys should have acted to prevent the answer; and anticipated that line of questioning and prepped hm on how to answer.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    66. Re:I have a question by Software+Geek · · Score: 1

      A competent lawyer would have objected. I'm not saying the judge would or should sustain the objection. But the judge MIGHT have sustained the objection. Now, we'll never know. Even if the lawyer was certain that the objection would be overrruled, he should have objected just to break up the flow of this hopelessly damning testimony.

    67. Re:I have a question by The+Only+Druid · · Score: 2, Insightful

      (a) The whole "life sentence" concept isn't valid. By that reasoning, poor people should just commit massive financial damages against people, because they wouldn't be subject to paying those damages.
      (b) He's going to just declare bankruptcy anyway, so it's rather silly as an aside.
      (c) Separately, his lawyers appear to be grossly unable to handle the case; their "fair use" defense was beyond laughable, and they failed to preserve the easiest possible appeal (which would have, at least, probably allowed a retrial).

      --
      "Stumble before you crawl"
    68. Re:I have a question by tsa · · Score: 1

      Maybe not monopoly, as the RIAA actually represents several companies, so it would be difficult to say there was insufficient competition and make it stick.
       
      But you can only buy the latest digitally enhanced hot chick's sounds by one of the labels the RIAA represents. So that label has a monopoly on that music.

      --

      -- Cheers!

    69. Re:I have a question by cetialphav · · Score: 1

      There is more to this. In earlier deposition, he had claimed that it might have been his family and friends that used his computer to do this. This was a lie, though. To prevent these people from facing trouble he needed to make sure that he took the full blame. In the news accounts I have read, part of his admission of guilt came under questioning from his own lawyers. I think they knew they would lose and that their best hope was to try to win sympathy from the jury and juries are not sympathetic to liars.

    70. Re:I have a question by The+Only+Druid · · Score: 1

      Admitting you did what you're accused of is admitting "guilt". This is a factual decision, and so witnesses are able to testify on that matter. "Liability", on the other hand, is legal obligation to someone else due to your guilt. It is a legal decision, and so witnesses are (generally) not supposed to testify on that matter, especially when that legal decision is the central issue of the case. The question was improper as it apparently called for something beyond the scope of the witness' testimony. I'm not sure it actually was (the issue of "I am liability" versus "I am liable" is subtle...) but that's the idea.

      --
      "Stumble before you crawl"
    71. Re:I have a question by cetialphav · · Score: 2, Insightful

      That ought to tell you something.

      Yes, it tells us that copyright is taking pretty seriously by most people. It tells us that you are highly unlikely to find a jury that is sympathetic to the infringment of the rights of others. It tells us that no matter how despicable the RIAA may be, they are still legally correct. It tells us that the fantasy legal arguments often waved about on Slashdot are fantasies that hold no weight in a courtroom.

    72. Re:I have a question by cetialphav · · Score: 3, Insightful

      Oh please, this has nothing to do with lobbyists having more power that the people. The voters clearly do not care about this issue. During this last presidential election process, did anyone at any campaign event or town hall ever ask about eliminating or reducing the penalties for copyright infringement? No. People just do see this as a problem.

      If you are able to wake up the voters and get them to care about this, then all the lobbying in the world won't help the RIAA. People just don't appreciate how responsive congressmen can actually be when the electorate gets stirred up about something. The voice of the people isn't being drowned out because there is not even a squeak coming out of their voice on this issue.

    73. Re:I have a question by Anonymous Coward · · Score: 1, Informative

      http://riaaradar.com/ you can put any band or label in and it will tell you if they are RIAA safe or not

    74. Re:I have a question by st0rmshad0w · · Score: 2, Insightful

      Well, the problem is multifold. Part of it is that people who scream rant and rave about "keeping the government out of Medicare" without the mental ability to understand that it is a Federal program (or any one of hundreds of other examples, that's just the one making my brain bleed right now) have the exact same voting value as someone who researches issues and educates themselves on the candidates. Another part of the problem is that law has become too much of its own realm, and needs to be destroyed and reworked.

      I'm certain that you have heard the quote "Ignorance of the law is no excuse". I argue that it is in fact an excuse, and quite a valid one. The man that coined that phrase was right to do so because he had EVERY law permanently posted in a public forum in language the citizens could understand, so there was in fact, no excuse for anyone not to know the laws. They were right there in front of them in simple language.

      Law today is so massively and totally complicated that each and every one of us would have needed a lawyer issued to us on our date of birth to get anywhere NEAR a point where ignorance wasn't a valid excuse.

      The complete lack of balance in fines and punishments is another huge issue, you could physically steal an entire tractor trailer of RIAA label music and not get anywhere near the punishment that has been levied in these infringement cases. I find it curious that the RIAA scream at the top of their lungs that file sharing is theft right up until they get to the punishment phase when it magically becomes infringement.

    75. Re:I have a question by russotto · · Score: 2, Funny

      But you can only buy the latest digitally enhanced hot chick's sounds by one of the labels the RIAA represents.

      Obviously, what we need is open source digitally enhanced hot chicks.

    76. Re:I have a question by NewYorkCountryLawyer · · Score: 2, Funny

      "Are you admitting liability for all 30 sound recordings" is not asking "Are you liable"

      I guess you were absent the day they were handing out brains.

      --
      Ray Beckerman +5 Insightful
    77. Re:I have a question by russotto · · Score: 1

      Yes, it tells us that copyright is taking pretty seriously by most people.

      Means nothing of the sort, because the jury didn't even get to decide on whether or not the defendant is liable.

      It tells us that you are highly unlikely to find a jury that is sympathetic to the infringment of the rights of others.

      Objection, begging the question. In any event, jurors are chosen from the most authority-supporting segment of the population -- they're those who don't duck jury duty and then survive voir dire. The RIAA, nasty as it is (and that likely actually helps), looks like Authority, and so they get the default support of the jurors.

      It tells us that no matter how despicable the RIAA may be, they are still legally correct. It tells us that the fantasy legal arguments often waved about on Slashdot are fantasies that hold no weight in a courtroom.

      Well, it tells us there ain't no justice. What else is new?

    78. Re:I have a question by NewYorkCountryLawyer · · Score: 2, Insightful

      Yeah. I raised an eyebrow when I saw this in the newspaper. Tenenbaum says, "I'm disappointed, but I'm thankful it wasn't millions. To me it sends a message of 'We considered your side with some legitimacy.'"

      He's *thankful*??

      I've never heard of a defendant who was this much of a douchebag. It makes me wonder if there's some way he could have taken a dive.

      Yes I was surprised by that remark, and by others he's made.

      The part of me that wants to believe the best in people, will attribute those to exhaustion.

      --
      Ray Beckerman +5 Insightful
    79. Re:I have a question by NewYorkCountryLawyer · · Score: 3, Informative

      They also represent a massive number of smaller labels

      The litigation campaign has involved only the Big 4, plus their affiliates, and has not involved any of the smaller labels. But the dues of the smaller labels are helping the RIAA carry out its dastardly work on behalf of the Big 4. So I think all RIAA labels should be boycotted, and I frequently consult RIAA Radar.

      --
      Ray Beckerman +5 Insightful
    80. Re:I have a question by NewYorkCountryLawyer · · Score: 2, Interesting

      I don't know how Louis Nizer could have kept Mr. Tennenbaum from being found liable for copyright violation! Do you? Seriously . . . Te[...]nenbaum admitted to the copyright violation. A good lawyer can't undo that!

      I worked for Louis Nizer for 6 years. Were he handling the case, the RIAA would have won, but probably would have recovered $1.65, or another much smaller sum. The reason is not because of Mr. Nizer's incredible courtroom presence, which was indeed incredible, but because he was very very thorough, and he would have had me or someone like me, who is a solid, grounded, responsible legal researcher, and who is NOT a bullshit artist, doing the research and laying the groundwork. No issues would have been overlooked. Here all of the issues were overlooked.

      --
      Ray Beckerman +5 Insightful
    81. Re:I have a question by NewYorkCountryLawyer · · Score: 2, Informative

      What other arguments did these lawyers miss that a "good lawyer" wouldn't have missed?

      I guess you haven't been reading my blog; it's all in there.

      --
      Ray Beckerman +5 Insightful
    82. Re:I have a question by GarryFre · · Score: 1

      Well, even smart people do stupid stuff, but I for one find it neat that they are taking up a collection. They didn't have to do that. We hear a lot about the heartless acts of various lawyers, but little of anything noble. I guess I would rather be stupid than ignoble.

      --
      www.Migrainesoft.com - Computer giving you a headache? We can fix that!
    83. Re:I have a question by Anonymous Coward · · Score: 0

      Go back to your hole shill. Perhaps many of the comments made are asinine in regards to the situation or ill founded, but NYCL knows what he's talking about as do a handful of others. If you fully beileve that horsesh*t you were just spouting you don't have a full grasp of how bad a light the RIAA has shed on the music industry as a whole. I stopped purchasing CDs as much as possible when they started this garbage back in the 90s, I was in frigging middle school/high school. And this crap still goes on. It needs to end. I will add I do purchase CDs if I really really like the music and feel that if I purchase the CD that somehow just a little bit of money goes to the artist, otherwise I try to go to concerts instead.

          If any damages are made against a normal reasonable person it should be within that person's means or just above their means (so that they do remember what has transpired and they change their ways - depending what you believe) to pay those damages. This ridiculous amount of 100k or some none-sense, especially in an economy we're in now just helps to bankrupt more normal citizens and add to the ongoing issues we have as a society. It helps no one but the RIAA line their pockets with more money. No lesson is being taught its just strengthening the argument in the eyes of the people that the RIAA is full of suits that need a good ass kicking on the streets. The whole purpose to damages in the court room is to 1. Recovery monetary loses and 2. Provide an incentive NOT to do the same activity again and to show others that "this is what happens if you do x, y or z."

      I don't see how the RIAA can somehow pose how much they could have gained in monetary value were someone not have downloaded a song because they have no idea if the person would have weighed the cost of actually purchasing the CD or never purchasing the CD and just streaming music online or listening to the Radio. You can't put a price on someone's will to make a decision as much as the RIAA is trying to do. Which is one reason I have problems with our current Commerce laws. Too many are in favor of businesses and not consumers. So in the end consumers lose any and all rights after making a purchase. So the idea would be that said manufacturer/copyright owner/architect owns the plans/music/creative work, etc. and even though you purchased an item the "holder" of the "rights" can change the rules of the EULA or TOS etc anytime they wish which basically shafts the purchaser. This is how I see things moving and in the end I think its stifles innovation and new ideas and basically sets in stone the half baked ideas of large companies allowing them to basically repackage the same crap in a different manner and calling it "new". Then going right around and selling it for full price. Blizzard is a good example imo. They make an awesome game, Starcraft. Then SC2 comes along and lo and behold they want to make more cash because the millions they made with the first game weren't enough so they want 2x or 10x as much. What do they do? They break the game which was previously 3 races in one game into 3 separate "games", assuming they charge the same price for all 3 that is a total rip off. Now, if they are 3 totally different games that is a different issue and I would backtrack on my comment fully. However, it is a very very good guess that the other 2 boxes will just be the other race campaigns packaged in different box art.

      That is the end of my rant. Also, the OP's comment would probably be something my parent's would believe...with how ill informed they are.

    84. Re:I have a question by lacoronus · · Score: 1

      Yes, it tells us that copyright is taking pretty seriously by most people.

      Means nothing of the sort, because the jury didn't even get to decide on whether or not the defendant is liable.

      No, the defendant decided that himself in this case.

      It tells us that you are highly unlikely to find a jury that is sympathetic to the infringment of the rights of others.

      Objection, begging the question. In any event, jurors are chosen from the most authority-supporting segment of the population

      While you may be right in that it is unlikely that a fuck-the-system-and-down-with-the-man hippie would survive the jury selection process, I want to state that as a juror you are to uphold the law. While nullification is real, before doing that you have to ask yourself - is this a case where it is worth to take that route? If you are going to go for a "not guilty" despite knowing that the defendant is guilty as sin according to the letter and intent of the law, then you have to understand that you will not be on the side of the law, and if you're not comfortable with that, well, voting "not guilty" isn't that easy.

      Personally I'd have gone for "guilty". I'm sorry, but I support the rule of law, and if the law that we as a society have reasonably decided on says that what he did is illegal, then "guilty" is the only reasonable response. In this case, although I do want less copyright, the law is reasonable in protecting works that are only five or so years old from being copied all over the place. I would also have gone for minimum punishment: 30 times $750 will take 5-10 years to pay back for a student, and is certainly enough of a slap to make him understand that it was a very stupid thing to do. Add in lawyer's fees for the winning side and it is a frightening sum for anyone except the ultra-wealthy.

      If that makes me authoritarian, then so be it. I just think that applying the law as written, independently of whether I agree with it, is the fairest thing to do. The Peelian principles sum it up as number 5: "Police seek and preserve public favour not by catering to public opinion, but by constantly demonstrating absolute impartial service to the law."

    85. Re:I have a question by bennomatic · · Score: 1

      It may also tell us that the highly-paid RIAA lawyers are better at jury selection than the people who are representing the little guys who are trying to avoid paying a few thousand dollars in settlement fines.

      --
      The CB App. What's your 20?
    86. Re:I have a question by Anonymous Coward · · Score: 0

      Well to be fair to the GP, being on the RIAA's payroll does seem to have the tendancy to burn holes in peoples brains. ;)

    87. Re:I have a question by DarkAce911 · · Score: 1

      actually piano rolls are are pretty close to MP3s, if you look at it the right way. I could see a roll-copier that converted everything to digital or to another copy.

    88. Re:I have a question by Anonymous Coward · · Score: 1, Insightful

      It tells me that if you are relying upon a defence based in statute or a natural law reading of equity and proportionality you should waive your federal right to a jury.

      I think it is much less likely that a U.S. District Judge would agree to damages so unproportional as to be outright unjust.

      Judge Roulette seems less risky for a defendant than a jury.

    89. Re:I have a question by Anonymous Coward · · Score: 0

      It is astonishing how many practising lawyers -- particularly subject matter experts -- seem to think that they can go toe to toe with a properly supported litigation and commercial dispute resolution team after a complaint has been served.

      It's merely depressing that tunnel vision routinely sets in with lawyers focusing on winning motions or putting all their energy into one strand of a complaint or defense, rather than seeking a reasonable outcome for their clients consistent with the overriding objectives in FRCP Rule 1.

    90. Re:I have a question by Anonymous Coward · · Score: 0

      Its not that everyone is an idiot. Its just that everyone involved, like most people, is consumed by greed an avarice. We have those who think the copying and playing on a musical performance should be totally free and those who think that every performance of a work warrants some compensation for the composers and artists.
      This is not a matter of human rights or the survival of civilization as we know it, its just the age old conflict between buyers and sellers.

    91. Re:I have a question by russotto · · Score: 1

      While you may be right in that it is unlikely that a fuck-the-system-and-down-with-the-man hippie would survive the jury selection process, I want to state that as a juror you are to uphold the law.

      I won't do it. If it's a choice between voting for what I know is legally correct (according to the judge's instructions) and I know is unjust, or voting for what I know is just despite the fact that it violates the law or the judge's instructions, I will vote for the latter. This attitude, of course, will get me excluded from a jury.

      Personally I'd have gone for "guilty".

      Odd, because in a civil case there are only findings for the plaintiff and for the defendant, not of guilt or innocence.

    92. Re:I have a question by Anonymous Coward · · Score: 0

      It's westlake. If you read a post with the phrase "the geek" in it, odds are about 60% it'll be by westlake.

    93. Re:I have a question by alienw · · Score: 1

      Well, the statutory penalty is something like $150k per infringement. So they really only had to prove that he shared one or two tracks. Also, in civil procedure, the standard is much lower -- you only need to prove that it is more likely than not that he shared the songs.

    94. Re:I have a question by alienw · · Score: 1

      What? The court wasn't there to decide questions of law. The whole point of having a jury and a hearing is to decide questions of fact. Liability is something that a judge can determine in about 5 minutes given the facts; there is no need for a court hearing for that.
      The court was there ONLY to determine if the guy downloaded the songs. His only viable defense was to somehow convince the court that he wasn't the one who did it. By admitting to doing it, he pretty much sealed the deal.

    95. Re:I have a question by NewYorkCountryLawyer · · Score: 2, Informative

      they kept offering to settle for a couple thousand dollars

      Simply not true. I don't think they were ever willing to take less than $5000, non-negotiable. And then they kept raising the amount, making it impossible for him to settle.

      --
      Ray Beckerman +5 Insightful
    96. Re:I have a question by NewYorkCountryLawyer · · Score: 1

      It may also tell us that the highly-paid RIAA lawyers are better at jury selection than the people who are representing the little guys

      Definitely, and the judge allowed the jury selection process to play right into the RIAA's hands here.

      --
      Ray Beckerman +5 Insightful
    97. Re:I have a question by Anonymous Coward · · Score: 0

      There is a difference between being Bob, and admitting to being Bob. I can admit to being Bob without actually being Bob (or knowing whether or not I am Bob), see? Further, I can be Bob without admitting to being Bob. A competent lawyer should be able to spot this difference, right NYCL, O great arbiter of competence? The core of the question is not liability, but admission, and thus does not seem to be subject to the assertions you have repeatedly made.

    98. Re:I have a question by larry+bagina · · Score: 1

      What's the going rate for an incompetent lawyer? Because they could have settled beforehand for $3000 or so.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    99. Re:I have a question by Anonymous Coward · · Score: 0

      Fuck yeah dood!

    100. Re:I have a question by lacoronus · · Score: 1

      While you may be right in that it is unlikely that a fuck-the-system-and-down-with-the-man hippie would survive the jury selection process, I want to state that as a juror you are to uphold the law.

      I won't do it. If it's a choice between voting for what I know is legally correct (according to the judge's instructions) and I know is unjust, or voting for what I know is just despite the fact that it violates the law or the judge's instructions, I will vote for the latter. This attitude, of course, will get me excluded from a jury.

      As it should. Now, we both know you'd only do this for the right reasons, but this would be the same reasoning that a redneck racist juror would use to vote "not guilty" despite proof of guilt beyond reasonable doubt when a black man has been lynched by a white man - after all, laws banning that would, in their opinion, be unjust.

      Personally I'd have gone for "guilty".

      Odd, because in a civil case there are only findings for the plaintiff and for the defendant, not of guilt or innocence.

      Sorry, I meant to say that I'd go for "hang him".

    101. Re:I have a question by lacoronus · · Score: 1

      Sorry, I meant to say that I'd go for "hang him".

      And by that I mean I'd just grab my concealed weapon and shoot the defendant right there and then.

    102. Re:I have a question by catmistake · · Score: 1

      Some labels are not RIAA, but most are.

      I find it hard to believe that most record labels are RIAA members. Considering that every major city has at least a few unheard of indy labels, I'd guess there are far more labels unaffiliated with the RIAA. A national release isn't necessary to be considered a record label (which is really just a special marketing firm).

      Two 'major' (i.e. important) indy labels unaffiliated with the RIAA that come to mind are Grand Royal and Merge Records. I'm not entirely sure, but I believe that Sub Pop Records is still not an RIAA member (though one of its owners, Warner Bros., holding a 49% stake, is).

    103. Re:I have a question by NormalVisual · · Score: 2, Informative

      ...in a jury trial such as this the judge is the trier of law and the jury is the trier of fact.

      Well, the judges would have you think that.

      "In the latter case, of a combination of law and fact, it is usual for the jurors to decide the fact, and to refer the law arising on it to the decision of the judges. But this division of the subject lies with their discretion only. And if the question relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact." - Thomas Jefferson, Notes on Virginia (1782)

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    104. Re:I have a question by NewYorkCountryLawyer · · Score: 1

      they could have settled beforehand for $3000 or so

      That's an urban myth, which I don't believe is true. I don't think he was ever able to settle for less than $5k, and the RIAA kept raising the number from there. They are very vindictive.

      --
      Ray Beckerman +5 Insightful
    105. Re:I have a question by Anonymous Coward · · Score: 0

      Sometimes you think we are. I always know we are.

    106. Re:I have a question by DaveV1.0 · · Score: 1

      I knew you would resort to that because you know I am right. You know that you are misrepresenting the facts. What do that call that, Ray?

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    107. Re:I have a question by russotto · · Score: 1

      I won't do it. If it's a choice between voting for what I know is legally correct (according to the judge's instructions) and I know is unjust, or voting for what I know is just despite the fact that it violates the law or the judge's instructions, I will vote for the latter. This attitude, of course, will get me excluded from a jury.

      As it should.

      Well, we tried the soap box, but they had a bigger one. We tried the ballot box, but they owned the candidates. We tried the jury box, but they excluded us from the jury. What's left?

    108. Re:I have a question by lacoronus · · Score: 1

      Well, we tried the soap box

      No, based on what I've seen here on Slashdot, we've tried the whine cellar.

      As long as we keep advancing conspiracy theories as our main argument we'll fail to persuade people.

      As an example, I have yet to see an argument against the TPB verdict that actually addresses what they were found guilty of. Just hand-waving about how "Google is legal therefore TPB is legal" (despite this being dealt with in the verdict), how, due to TPB being found guilty, the judge and the whole Swedish legal system is obviously bought off by RIAA/MPAA, and so on.

      Have you seen the South Park episode about the hippie infestation? The one, you know, where everything bad is blamed on "the Corporations"? In the average person's eyes, we look like the hippies, and we've got to stop doing that.

    109. Re:I have a question by harlows_monkeys · · Score: 1

      they kept offering to settle for a couple thousand dollars

      Simply not true. I don't think they were ever willing to take less than $5000, non-negotiable. And then they kept raising the amount, making it impossible for him to settle.

      You are talking about the second case. As I said, I'm talking about the first case.

    110. Re:I have a question by russotto · · Score: 1

      No, based on what I've seen here on Slashdot, we've tried the whine cellar.

      One man's soap box is another's whine cellar; the only difference is the listeners' willingness to accept the message.

      Have you seen the South Park episode about the hippie infestation? The one, you know, where everything bad is blamed on "the Corporations"? In the average person's eyes, we look like the hippies, and we've got to stop doing that.

      We're never going to look like Authority. And if the RIAA's real strategy is acting so much like the bogeyman that their opponents look silly when they call the RIAA what they are, it's working masterfully.

    111. Re:I have a question by lacoronus · · Score: 1

      No, based on what I've seen here on Slashdot, we've tried the whine cellar.

      One man's soap box is another's whine cellar; the only difference is the listeners' willingness to accept the message.

      So, given the result with the public so far, what do you think we have?

    112. Re:I have a question by RivieraKid · · Score: 1

      ...he's not a lawyer.

      No, but his lawyers are.

      Shouldn't it be standard practice, even in a civil suit, that the very first thing your defence team say to you is "Whatever happens, do not admit liability"?

      --
      "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves
    113. Re:I have a question by westlake · · Score: 1

      Why does it seem that everybody involved in these cases is an idiot? The RIAA lawyers, the defendants and their representation, the judges, the juries...they all sound like total stooges.

      The RIAA lawyers won their case. Taking no prisoners.

      Nesson barely managed to scratch and claw his way to a jury verdict on damages. He came within an inch of being cited for professional misconduct.

    114. Re:I have a question by westlake · · Score: 1

      The guy made offers twice to give everything he had to the RIAA. He even mailed them over $5000. They returned his check.

      Of course they returned his check.

      You won't find a lawyer anywhere who would have accepted it.

      The formalities matter. You want everything in writing. You want - and need - the judge's stamp of approval.

    115. Re:I have a question by westlake · · Score: 1

      I'm surprised they allowed the defendant on the stand. Maybe the rules for civil procedure are different than criminal.

      The defendant can always choose to take the stand in his own defense in a criminal trial - even when his lawyer advises against it.

      The defendant has no absolute right to refuse to testify in a civil trial. The right against self-incrimination in civil litigation

    116. Re:I have a question by westlake · · Score: 1

      The sad fact is that since shortly after (during?) World War II, popular culture (Elvis, John Wayne, the Beatles, etc.) has been the prevailing form of culturing we've received as a society.

      In the 1850s Barnum's PR machine could drive the price of a concert ticket to $150 in gold when he had right material to work with, a star like Jenny Lind. Both understood perfectly well the ancillary profits to be made from product endorsements, sheet music sales and so on.

      The Fisk Jubilee Singers organized in 1871 introduced negro spirtual and work songs - one of the great foundation stones of American music - to a northern white audience. But their entire repertory - an authentic folk tradition spanning two hundred years - was only about 200 songs.

      American culture has been commercial and "pop" from its beginnings.
       

    117. Re:I have a question by TrekkieGod · · Score: 1

      Oh please, this has nothing to do with lobbyists having more power that the people. The voters clearly do not care about this issue. During this last presidential election process, did anyone at any campaign event or town hall ever ask about eliminating or reducing the penalties for copyright infringement? No. People just do [not] see this as a problem.

      During campaigns, people only care about the issues they've been told to care about by corporations (in the way of big media) and lobbyists (in the way of campaign commercials). That's why lobbyists are so powerful. Look it up: whoever spends the most money on their campaign generally wins, save a few exceptions which are probably statistically insignificant (I say probably because I haven't actually done a statistical analysis to be sure...either way, it's the vast minority who manage to win without spending as much).

      The questions people ask at town halls are the questions that Fox News, MSNBC, and CNN pundits discuss every single night while trying to get people riled up in favor of against the pet issues of the management. They're about the accusations and misrepresentations they hear on negative advertisement every day. People are, in general, easily manipulated. I'm not excluding you and I from this, it's not a problem of the "less intelligent sheeple" or whatever. It's a condition of human psychology and it applies to all of us. Ever see the ad for a pizza and suddenly become hungry when you weren't before? Why do you think coca cola keeps advertising coke? Because they think there are people who haven't heard of it left? Hell, you can see it happen on slashdot, and if the issues on slashdot were what the majority of the population were being exposed to, you can bet your ass those are the questions that would be asked in town hall meetings.

      --

      Warning: Opinions known to be heavily biased.

    118. Re:I have a question by Anonymous Coward · · Score: 0

      "Are you admitting liability" and "Are you liable" are both improper questions; whether they are the same or merely similar is irrelevant.

    119. Re:I have a question by commodore64_love · · Score: 3, Insightful

      >>>(a) The whole "life sentence" concept isn't valid. By that reasoning, poor people should just commit massive financial damages against people, because they wouldn't be subject to paying those damages.
      >>>

      Damages you incur yourself like setting-fire to a neighbor's car (and later must pay back) is not the same as a legislative fine of $150,000 per song. That's Congress issuing punishment, and as such is limited by the Constitution. It's akin to telling someone they owe $150,000 for every mile over the speed limit, and IMHO should be considered "cruel and unusual".

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    120. Re:I have a question by Anonymous Coward · · Score: 0

      Look it up: whoever spends the most money on their campaign generally wins, save a few exceptions which are probably statistically insignificant

      Well I studied this in college (as a Political Science minor). It is true that the candidate that spends more money generally wins, but there is a good reason for that. In general, the candidate with the most money is the incumbent who has a multi-year fund raising advantage over any challenger. Most incumbents in Congress have huge war chests. In races against those incumbents, there is a huge spending disparity. The incumbent vastly overspends the challenger.

      On the other hand, in close races, money is not significant. If a challenger is able to raise enough money to close that spending gap, the election does not necessarily go to the candidate who spent more. Just look at how many Republicans lost in the last election. Many of those Republicans outspent their opponents but still lost because the Democrats were able to raise enough money to keep the spending close. So yeah, when one candidate outspends the other by 10x they generally win (what else would you expect?), but in the other cases, it could go either way and money isn't the deciding factor.

      This is the basic argument for public financing of elections. Public financing ensures both sides have the same sized war chest so the huge spending gaps do not occur. Incumbents would still have an advantage, but challengers would not have to worry about being overspent by 10x.

      But your mind is made up. Anybody who does not see things your way or have the same priorities as you must be sheeple who are manipulated by the media. It couldn't possibly be that others are worried more about defence, taxation, regulatory of financial institutions, education, unemployment, etc. than being freeloaders who score free music and videos whenever they want.

    121. Re:I have a question by Anonymous Coward · · Score: 0

      Um, that's a great quote from Thomas Jefferson from over 250 years ago and all, but there's this whole actual practice of law that has occurred since then that kinda contradicts it, so please, stuff it.

    122. Re:I have a question by NormalVisual · · Score: 1

      Ooh, what a stinging rebuke from an AC!

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    123. Re:I have a question by idlemachine · · Score: 2, Insightful

      Yes, it tells us that copyright is taking pretty seriously by most people.

      Yes, but so is Jesus. Popularity doesn't make IP any less of a fictitious belief.

    124. Re:I have a question by Anonymous Coward · · Score: 0

      I bet it's fun being white and "concerned" where you can spend your parents money on being another corrupt Congress-asshole. Whoopdi shit. You really think if you actually had a chance of winning (maybe if you spent more time campaigning and less time bullshitting on slashdot) as a pause between being on daddy's yacht and getting drunk with the alma mater, do you really think YOU would make a difference. You would be another bought and paid for politician or quickly become ineffectual and all of daddy's money that paid for your congress seat will be removed in the next election. All the real power comes from the senior congress assholes who hold positions on various committees. So you have to either play ball or leave the Washington Millionaire's club. Don't worry, your trust fund will still be there.

      PRICK.

    125. Re:I have a question by Anonymous Coward · · Score: 0

      It tells me that while here on slashdot, the RIAA is truly evil, out in the real world, people don't know what the RIAA is, view the record companies as "the artists that brought us the music we love", that the world is a cruel and unjust place, and that we all just have to suck it.

      As much as we would like it to be otherwise, geek culture and its hangouts (like slashdot) are much like Vegas: what happens here stays here. No one outside of this place will hear or know anything we talk about here until the main stream media independently decides to run the same story. Since the main stream media IS the RIAA, the public will NEVER, EVER, learn the evils of the RIAA. EVER.

    126. Re:I have a question by bluefoxlucid · · Score: 1

      [[Jury Nullification]]

    127. Re:I have a question by bluefoxlucid · · Score: 1

      They lost a case they could not win, by going in and going "Duhhhhhrrrr HAI JUDGE PPL WAIIII!!!!! SEE, MUSIC SHUD B FREEEEEEEEEEEEEEZZZZZZ!!!!!!" This is different than losing a case by presenting a good defense and simply being found guilty because your defendant's actions were unlawful and inarguable. A good defense can still get you a reduced penalty, i.e. judgments against you are lower (instead of $30 billion, you pay $10,000), your sentencing is much more lenient, etc.

    128. Re:I have a question by bluefoxlucid · · Score: 1

      They need it because if everyone got up and decided to "FIGHT THE POWAH!!!" they would 1) be hippies; and 2) not be funneling cash to the RIAA, which would eventually lead to its collapse. The major labels would collapse, the talent however will always have elsewhere to go.

      It's a very strange ethical situation. People committed an unethical act (stealing) to obtain something they had no rights to; then the rights holders affected committed an unethical act (untargetted major backlash orders of magnitude out of scale with no care for who is and isn't really guilty) in response to being threatened-- if they hadn't, everyone would now be getting all their music from Napster, and the labels would be dead (along with 3DRealms when the game industry got hit). Now people want to respond to the mass backlash by continuing the exact same incorrect behavior that started it, until the original victim dies from blood loss.

      If the RIAA had taken a more reasonable approach to protecting their rights, they wouldn't have made victims out of both the original criminals (now affected by an imbalanced judgment) and a host of innocent bystanders (affected by settlements, imbalanced judgments, and wasted time). Because they didn't, they are now guilty of a crime and an ethics fault, even though they're doing it to protect themselves.

    129. Re:I have a question by commodore64_love · · Score: 1

      Anon. Coward wrote:

      I bet it's fun being white and "concerned" where you can spend your parents money on being another corrupt Congress-asshole. Whoopdi shit. You really think if you actually had a chance of winning (maybe if you spent more time campaigning and less time bullshitting on slashdot) as a pause between being on daddy's yacht and getting drunk with the alma mater, do you really think YOU would make a difference.

      You would be another bought and paid for politician or quickly become ineffectual and all of daddy's money that paid for your congress seat will be removed in the next election. All the real power comes from the senior congress assholes who hold positions on various committees. So you have to either play ball or leave the Washington Millionaire's club. Don't worry, your trust fund will still be there.

      Are you done?

      Okay then.

      My parents don't have any money. My dad was a blue-collar worker and certainly doesn't have a yacht, and no I'm not lounging on it.

      PRICK.

      Yes you are.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    130. Re:I have a question by Zontar_Thing_From_Ve · · Score: 1

      That ought to tell you something.

      Yes, it tells us that copyright is taking pretty seriously by most people. It tells us that you are highly unlikely to find a jury that is sympathetic to the infringment of the rights of others. It tells us that no matter how despicable the RIAA may be, they are still legally correct. It tells us that the fantasy legal arguments often waved about on Slashdot are fantasies that hold no weight in a courtroom.

      Yes. This is absolutely correct. I know plenty of people who don't ever download anything that they didn't pay for.

      Keep in mind too that juries are often made up of idiots. I'm American and I last served on a jury 4 years ago. While we were in the jury room at one point about 4 or 5 guys on the jury tried to top each other by seeing which one of them was the most incompetent computer user. I have never seen anything like it. They were each trying to convince the others that they were the stupidest when it came to technology. Fortunately our case was a case that had nothing to do with technology, but you see, these are the kinds of people who serve on American juries.

      I have become convinced from personal observation that about 5-10% of the US population is obsessed with rules and punishing those who break them. They have no sympathy at all for anyone who breaks any rule and want the full punishment possible given to these people. So I think what happens is that by pure chance sometimes you get 1 or 2 of these people on a jury and they are pushing very vocally for the defendant to get punished for "stealing" because "stealing is wrong" and "we can stop others from doing it by punishing this guy". Then maybe you have some of those technophobes I talked about from my jury and it's not hard to see that you might have 3 or 4 people who just simply see the case as this - "Stealing is wrong. The defendant stole. He MUST be punished for this AND we need to send a message to others to not do this". Then you've got maybe 8-9 people left on the jury who say "I just want to get out of here ASAP. The defendant did it. Let's just punish them like the others want so we can get out." So this kind of verdict doesn't surprise me.

      Remember that some of the people who choose to fight may simply be delusional about their chances in court. I have the impression that this applies to the Thomas case in particular.

    131. Re:I have a question by metaforest · · Score: 1

      "Oh please, this has nothing to do with lobbyists having more power that the people. The voters clearly do not care about this issue. During this last presidential election process, did anyone at any campaign event or town hall ever ask about eliminating or reducing the penalties for copyright infringement? No. People just do see this as a problem."

      I strongly disagree with your position. The town hall forum gets stacked by the candidate and their handlers. They decide who is going to be invited, and set the tone for the 'discussion'. Additionally the media is gonna sound bite the record of such an event, and they don't want the issue raised in anyone's mind either. Any discussion of it in the town hall is going to end up on the cutting room floor.

      Politicians don't want to hear it, or answer to it, because it puts their ability to court the **AA lobbyists for campaign funds, and other perks at risk. The news media doesn't want it heard lest it resonates into a loud enough clamor that they cannot squelch it through the editorial process. The media has a big dog in this fight, and they would love to see the **AA win it, and win it quietly.

    132. Re:I have a question by metaforest · · Score: 1

      With no lube and no reach-around.

    133. Re:I have a question by AK+Marc · · Score: 1

      I think Ray has it right - the defendant was asked if he was admitting liability - and since liability means legal responsibility for your actions - he essentially said yes I committed the acts the plaintiffs allege and am responsible for the damages; so the only question is what are the damages?

      I saw it as the defendant admitting personal responsibility. He is not qualified to judge his own legal liability, that's what the court is for. There is a difference. And yes, it's insane to have a conversation around lawyers about legal things. The English words, like liability, carry specific non-English meaning in the court system. I liked it better when they stuck to Latin. You wouldn't accidentally step on a legal code word with non-English meaning.

    134. Re:I have a question by Schraegstrichpunkt · · Score: 1

      (b) He's going to just declare bankruptcy anyway, so it's rather silly as an aside.

      Can court judgments be discharged in bankruptcy court? I thought they couldn't (like student loans).

    135. Re:I have a question by Anonymous Coward · · Score: 0

      The point of the RIAA / MPAA / BSA / ESA / etc. is not to win lawsuits or collect money from people who are doing things they don't like, the point is to establish precedents that make copyright law effectively more draconian and all encompassing than it already is.

    136. Re:I have a question by Doctor_Jest · · Score: 1

      Every innovation, sadly, has a built-in backlash from the entrenched. MP3's are no different in that regard, you're right. It's up to us to make sure the sue-happy idiots don't cripple innovation to protect a dying market model.

      --
      It's the Stay-Puft Marshmallow Man.
    137. Re:I have a question by Anonymous Coward · · Score: 0

      Well, this guy would have done a lot better to accept the settlement offer.

      There is a lot wrong with the RIAA approach, but you aren't going to get very far if you actually did the deed, then lie about it, which seems to have been a feature of both of the major awards seen recently.

      Certainly the amount of the award is massively excessive, and the methodology usually used to obtain evidence is suspect. But the first is a feature of the US law, and I am not sure that a guilty party is in the best position to challenge it. The second is not applicable where the party has admitted guilt anyway.

      I personally think the best approach is to neither buy nor download. There are plenty of good things to do with your time and money without supporting the RIAA. If enough people do it they will just fade away. Meanwhile you could be learning an instrument yourself, or having a good time listening to local performers at live shows. You might even meet a nice girl/guy (depending on your taste)

    138. Re:I have a question by Anonymous Coward · · Score: 0

      Anybody who does not see things your way or have the same priorities as you must be sheeple who are manipulated by the media.

      Heh...did you ever read what he said?

      I'm not excluding you and I from this, it's not a problem of the "less intelligent sheeple" or whatever...you can see it happen on slashdot, and if the issues on slashdot were what the majority of the population were being exposed to, you can betyour ass those are the questions that would be asked in town hall meetings.

      He actually said that the reason people in slashdot care about downloading so much over the more common issues is because that's what we're being exposed to more. I think you're the one with the preconceived idea of what he must think, and this preconception was so strong you actually ignored his words.

  2. Re:obl. by Bjorn_Redtail · · Score: 3, Informative

    'New' RIAA overlords? Haven't they been around since 1952?

  3. Fuck em. Time to expatriate. by linzeal · · Score: 3, Interesting

    If you can't declare bankruptcy and escape the life-destroying debt it is time to go on the run. I would suggest Eastern Europe, it is not easy to make money doing TOEFL anymore but you can always sling hash and weed to the English-Speaking tourists. For some reason British/French/German tourists trust American tour guides/drug dealers more so than the average E. European.

  4. original summary is better by Norsefire · · Score: 1
    From the firehose:

    it's called handling the case competently, apparently they don't teach that at Harvard law school

    1. Re:original summary is better by bertoelcon · · Score: 1

      Where did NYCL get his law degree? I would like to know where these "good" law schools are in America.

      --
      Anything can be found funny, from a certain point of view.
    2. Re:original summary is better by bkpark · · Score: 1

      CmdrTaco was probably worried about being sued for libel by ... the Harvard law school!

      Does he have anything to worry about, though?

    3. Re:original summary is better by NewYorkCountryLawyer · · Score: 4, Funny

      CmdrTaco was probably worried about being sued for libel by ... the Harvard law school! Does he have anything to worry about, though?

      Nah.
      1. It was an expression of an opinion.
      2. Truth is a defense.

      --
      Ray Beckerman +5 Insightful
    4. Re:original summary is better by mpoulton · · Score: 1, Insightful

      Where did NYCL get his law degree? I would like to know where these "good" law schools are in America.

      They're everywhere. It's not the school that matters so much, it's the lawyer. The top third in the class from any law school will be very smart, very sharp thinkers, and excellent game players. The bottom third in the class will not know how to think like a lawyer, will not have a solid grasp of the fundamentals, and will be easily outmaneuvered by opposing counsel. The quality of the students in the middle will vary, as will the capability of the top students when matched against best from other institutions - that's where the school's reputation comes into play. Of course, a good lawyer on a losing case will still probably lose, no matter what his GPA or which his alma mater.

      --
      I am a geek attorney, but not your geek attorney unless you've already retained me. This is not legal advice.
    5. Re:original summary is better by rolfwind · · Score: 2, Funny

      1. It was an expression of an opinion.
      2. Truth is a defense.

      Don't worry, corporate lawyers are working on that.

    6. Re:original summary is better by Anonymous Coward · · Score: 1, Informative

      It's on his website.
      -St. John's University School of Law, J.D., cum laude, 1978
      -Herbert H. Lehman College, B.A., 1968
      -The Bronx High School of Science, 1964

      It agrees with what mpoulton posted. Not a bad school, not an astoundingly big name either. If you graduate with honors, you probably know what you're doing.

    7. Re:original summary is better by NewYorkCountryLawyer · · Score: 3, Insightful

      Not a bad school, not an astoundingly big name either. If you graduate with honors, you probably know what you're doing.

      It is an excellent law school in terms of the quality of the education. It has much less prestige than Harvard Law School, however.

      As to 'knowing what you're doing', my experience has been that this correlates neither to what law school one went to, nor to one's grades in law school.

      --
      Ray Beckerman +5 Insightful
    8. Re:original summary is better by catmistake · · Score: 2, Informative
    9. Re:original summary is better by pacergh · · Score: 1

      Yea, but corporate lawyers went to places like Harvard and have massive debts to repay. And, since corporate lawyers work on an hourly billing system, we won't have to worry about their "solution" until many, many years down the line . . . if ever.

    10. Re:original summary is better by jonbryce · · Score: 1

      However, I read this in England, and neither of those points are valid defences here.

    11. Re:original summary is better by Anonymous Coward · · Score: 0

      2. Truth is a defense.

      Not in Massachusetts.

      And since Harvard is located in Massachusetts, and jurisdiction on the Internet is still hazy...

    12. Re:original summary is better by ScrewMaster · · Score: 1

      As to 'knowing what you're doing', my experience has been that this correlates neither to what law school one went to, nor to one's grades in law school.

      Well, as a engineer I can say that it's not much different in my field. I'm going to go out on a limb here and say that "knowing what you're doing" correlates most closely with the quality of experience received after finishing school. At best, schooling offers a starting point, a knowledge base and some useful ways of thinking: it is experience that teaches how to use those mental tools effectively. Like engineering, the law is a big pasture, and a few years in school can teach only so much.

      So far as such things go, I can say that most of the defense attorneys involved in RIAA proceedings may indeed have all the tools ... but seem to have lost the handles!

      --
      The higher the technology, the sharper that two-edged sword.
    13. Re:original summary is better by ScrewMaster · · Score: 1

      However, I read this in England, and neither of those points are valid defences here.

      In that case, CmdrTaco had best never set foot in Heathrow Airport.

      --
      The higher the technology, the sharper that two-edged sword.
    14. Re:original summary is better by hedwards · · Score: 1

      Interesting, so truth is a defense, but there is no legal right to not be executed for a crime that one is known to be innocent of. Excuse me for thinking that that's more than a little bit fucked up.

      Of course this is civil so we have a ways to go before it becomes a capital crime. Which now that I think of it is a bit ironic since RIAA essentially accused him of a crime against capital.

    15. Re:original summary is better by ari_j · · Score: 1

      Hear hear. The single most obnoxious and quixotic attorney I've ever dealt with is a top-3 law school graduate. In order to graduate from a prestigious law school, one need only be admitted. (For instance, I believe that Yale Law no longer bothers with letter grades.) Admission is based on many factors, none of which are your ability to pay attention during a trial and object in a tactically sound manner or your ability to think strategically to resolve your client's problems.

      Some of the best attorneys went to some of the least-known law schools. The truth of the matter is that excellence in the law cannot be measured by a piece of paper hanging in your office. I have never had a client look around my office to find out how good I am based on those pieces of paper. And the first one who does, I will probably refuse to represent just because it is a pretty good indicator that he is going to be a high-maintenance client with certain unreasonable expectations, which cannot be broken. A client's unreasonable expectations are among an attorney's biggest enemies.

      Simply put: Where a person got his J.D. has even less bearing on his talents than where you get your C.Sci. degree.

    16. Re:original summary is better by bennomatic · · Score: 1

      1. It was an expression of an opinion.
      2. Truth is a defense.

      3. ???
      4. Profit!

      --
      The CB App. What's your 20?
    17. Re:original summary is better by pjt33 · · Score: 1

      Yes, they are. Fair comment and justification, respectively.

  5. So, instead of pushing for reason... by Boogaroo · · Score: 2, Insightful

    Instead of pushing for a reasonable fine, they expect sympathy from the public?
    I'm afraid they're getting neither in this case.

    1. Re:So, instead of pushing for reason... by wizardforce · · Score: 1

      indeed. Other than that, to anyone [including myself] who knows about the case and either sympathises with the defendant or opposes the RIAA, the idea of actually giving the RIAA/Sony thieves anything is an appalling thought.

      --
      Sigs are too short to say anything truly profound so read the above post instead.
    2. Re:So, instead of pushing for reason... by sumdumass · · Score: 2, Informative

      Actually, they were pushing for a reasonable fine. That's the part where the incompetency comes in.

      The claim all along was that the fines were excessive, unconstitutional, and that he had fair use. When the judge who is the trier of facts, instead decided to play prosecutor and advocate for the plaintiff and ask the misleading question of "are you liable", the answer was too complicated for a yes or no but when he said yes, all of the rest of his claims were ignored.

      The judge should not have been able to ask the question not only because it wasn't his role to investigate on behalf of the complainant, because he had filings noting the defendants position that he was challenging the validity of the amounts of liability. In short, the judge knew he was looking for a reasonable judgment and short circuited it in order to apply the law as written with no objections from his lawyers. The entire case seems like having the three stooges fix your plumbing with Groucho Marks as the site supervisor.

  6. Another way by Anonymous Coward · · Score: 1, Insightful

    I know it's asking for a "troll" but another option to avoid the bankruptcy would have been to avoid downloading. The music companies are being dicks and the settlements are laughable but it's kind of like complaining about the price of a speeding ticket. It's steep to stop people from speeding. Granted he was caught doing 60 in a 55 zone and they are treating it as though he was nailed for topping 200 mph in a school zone.

    1. Re:Another way by Anonymous Coward · · Score: 0

      I guess you're right. I'm not sure what the fine would be for shoplifting a chocolate bar, but if people suddenly started shoplifting chocolate bars at a massive scale, they'd have to raise the fine to crack down on the phenomenon. That's the stage we're at for illegal file sharing. People just aren't stopping, so of course the fines are high enough to wreak a life.

    2. Re:Another way by Toonol · · Score: 2, Interesting

      I know it's asking for a "troll" but another option to avoid the bankruptcy would have been to avoid downloading.

      Downloading isn't the problem. The defendant didn't receive any fines or punishment for downloading, and I don't believe that anybody ever has. The problems is sharing them (or downloading them with a protocol that automatically shares them, as bit torrent does... or putting them in a shared, publicly accessible folder). If you download songs from, say, a direct link on a website, my understanding is that you are not infringing copyright at all (at least in a legally actionable way). The person sharing them is.

      These news stories always talk about people being sued by the RIAA for downloading music, and that's exactly what the RIAA wants people to think, but if you examine the charges, they'll always be for distributing files.

    3. Re:Another way by Keeper+Of+Keys · · Score: 1

      That is wrong in so many ways it's hard to know where to start. For one, those fines have been in place since long before filesharing was a twinkle in Shawn Fanning's eye, and are meant to act as actual compensation for losses caused by corporate pirates, not punishment to individuals.

    4. Re:Another way by wile_e_wonka · · Score: 4, Informative

      I don't know whether or not you're joking, but just in case you aren't...

      The fines were not adjusted to a level that was intended to keep people from file sharing. The fines were set long before Napster was ever contemplated. The fines were set back when a lone person wasn't the target of copyright law, companies were. For example, in China, where copyright is weak, people make lots of money pirating movies and selling them without paying any royalties to the people who make the movies. They were also designed to prevent people from setting up their own movie theater and selling tickets to a movie without sharing the profits. US copyright law is intended to prevent this type of piracy--people profiting from piracy.

      What we have here is that RIAA lawyers discovered that a single person pirating a song or movie (but not profiting from it) happens to fit under the same definitions as those folks that sell pirated movies for profit.

      Additionally, if I recall correctly, the fine scheme is set up such that a plaintiff can demand actual damages OR statutory damages. Statutory damages being included as an option because in the type of damage caused by a person selling pirated DVDs/CDs/tickets to their own illegit theater are often extremely difficult to prove. So Congress chose a number that would shut down a piracy business.

      Immense fines don't do a very good job preventing people from downloading music because it just doesn't seem realistic. Because it's absurd. Individuals are reaping fines designed for companies. It's like getting the death penalty for stealing a CD (note, by the way--downloading music is not the same as stealing a CD--that record store had to pay for that CD).

    5. Re:Another way by ScrewMaster · · Score: 1

      Individuals are reaping fines designed for companies.

      Actually, it's the RIAA that's reaping the fines but otherwise I agree with you.

      --
      The higher the technology, the sharper that two-edged sword.
    6. Re:Another way by cetialphav · · Score: 1

      If you download songs from, say, a direct link on a website, my understanding is that you are not infringing copyright at all (at least in a legally actionable way). The person sharing them is.

      Well, if I see a link to a Beatle's song on a random website, it is hard to make the case that I thought that website holds a license to make copies of that song. For sure, I do not own a license to make copies. The web site would be violating copyright but so would the downloader because the downloader is contributing in making the copy (my software is saving the file onto my disk). It isn't that the downloader is less guilty. It is, however, much harder to prove the case in court. If I download a song, listen to the first 30 seconds and delete it because it sucks, a fair use claim is a very strong defence. It is also hard to claim a high level of damages from just a download. What does RIAA lose when I download a song? 99 cents. Uploading is different, though. Uploading is an unlimited distribution license and RIAA sells those for quite a lot of money so they have a strong claim for damages.

      RIAA is really just looking for token, high publicity lawsuits to prove a point. Because of that, they are looking for the best possible cases which will always be the uploaders.

    7. Re:Another way by metaforest · · Score: 1

      " It's like getting the death penalty for stealing a CD (note, by the way--downloading music is not the same as stealing a CD--that record store had to pay for that CD)."
      I tend to think of it more as the financial equivalent of having one's hand cut off.

      Bankruptcy won't ameliorate the debt, so this kid is going to be hamstrung for the rest of his life if he gets a multi-million dollar judgement against him.

      People don't die from poverty it just makes life suck for a long time.

  7. No way I would give them one penny by mr+exploiter · · Score: 5, Insightful

    The money is going directly to the RIAA pockets. Be a man, declare bankruptcy and fuck the RIAA.

    1. Re:No way I would give them one penny by siloko · · Score: 2, Insightful

      Be a man, declare bankruptcy

      The world's gone wierd again - where's my urban dictionary!?

    2. Re:No way I would give them one penny by tacarat · · Score: 2, Insightful

      If bankruptcy is declared will he be off the hook for the defense lawyer fees? It may be an effort to pay that bill with free "sympathy money" from the community so that their fees can still be met. Maybe the defense team figures he can afford either/or, but not both bills at the end of this.

      --
      "Common sense will be the death of us all"
    3. Re:No way I would give them one penny by Anonymous Coward · · Score: 0

      There are no defense lawyer fees. They worked for free.

    4. Re:No way I would give them one penny by Anonymous Coward · · Score: 0

      The world's gone wierd again - where's my urban dictionary!?

      Where's my English dictionary? ;)

    5. Re:No way I would give them one penny by westlake · · Score: 1

      The money is going directly to the RIAA pockets. Be a man, declare bankruptcy and fuck the RIAA.

      You are assuming that the federal court judgment can be discharged in a bankruptcy proceeding - a proceeding that has clearly been initiated and contrived to escape the verdict.

    6. Re:No way I would give them one penny by mr+exploiter · · Score: 2, Insightful

      No, I'm assuming he doesn't have 600k lying around. If he doesn't have it and nobody will give him the money then he won't be able to pay.

    7. Re:No way I would give them one penny by soren202 · · Score: 1

      Proof that you get what you pay for.

    8. Re:No way I would give them one penny by nedlohs · · Score: 1

      You get what you pay for has never been truer it would seem.

    9. Re:No way I would give them one penny by Anonymous Coward · · Score: 0

      Bankruptcy doesn't get you out of court ordered payments.

    10. Re:No way I would give them one penny by hedwards · · Score: 1

      That's sort of what I've been wondering. If the people that are opposed to the RIAA's egregious behavior give him money for this, isn't this more or less the same thing as donating money to the RIAA? If I'm going to give them money, I'd like to at least get some decent music out of it.

      And presumably those that do support the RIAA as ignorant as they are wouldn't be contributing either.

    11. Re:No way I would give them one penny by NewYorkCountryLawyer · · Score: 1

      If the people that are opposed to the RIAA's egregious behavior give him money for this, isn't this more or less the same thing as donating money to the RIAA?No.

      It's not "more or less the same thing".

      It's exactly the same thing.

      --
      Ray Beckerman +5 Insightful
    12. Re:No way I would give them one penny by NewYorkCountryLawyer · · Score: 2, Insightful

      If the people that are opposed to the RIAA's egregious behavior give him money for this, isn't this more or less the same thing as donating money to the RIAA?

      No.

      It's not "more or less the same thing".

      It's exactly the same thing.

      --
      Ray Beckerman +5 Insightful
    13. Re:No way I would give them one penny by monkeySauce · · Score: 1

      The world's gone wierd again - where's my urban dictionary!?

      Better go find your regular dictionary too...

  8. This is what happens by davmoo · · Score: 5, Insightful

    The first problem here is his legal representation was a bunch of idiots. The second problem here is he admitted under oath that he did it, he did it repeatedly, he continued doing it after being warned not to, lied about it under oath, and said all this in front of the jury. And what his clown collection representation should be doing now is asking the RIAA if they could belatedly negotiate a more reasonable settlement, which is what the RIAA offered to do after the fact in the Jammie Dumbbitch case.

    This case should have never gone to trial. He should have settled for a few thousand right at the start and called it a day and lesson learned.

    And the community as a whole has made a mistake in two cases now. It rallies to the support of people who really did what they were accused by the RIAA of doing. Instead of finding a way to back those being attacked by the RIAA who are in fact completely innocent, everyone and their mother throws themselves behind the guilty ones. Neither of these cases was ever "fighting the good fight".

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    1. Re:This is what happens by Keeper+Of+Keys · · Score: 1

      But literally millions of people are guilty of this so-called "offence". At some point you have to challenge this insane law, although one could argue whether in front of a judge and jury is the right place to do it.

    2. Re:This is what happens by Anonymous Coward · · Score: 0

      The second problem here is he admitted under oath that he did it, he did it repeatedly, he continued doing it after being warned not to, lied about it under oath, and said all this in front of the jury.

      So in other words, what you're saying is, expect an appeal.

      That's all you had to say.

    3. Re:This is what happens by Anonymous Coward · · Score: 0

      well, the point is not if they are guilty. of course they are guilty, we always knew that. the point is that the RIAA should not be entitled to persecute that beahviour and charge those outrageous amounts of money.

      if anything, it should be handled like a civilian matter: compensation in direct proportion to unlawful enrichment, which i reckon would be equal to the retail price of the songs.

      but nooooo, in legal lalaland, breach of copyright is a criminal offense, and the RIAA is entitled to fucking damages. you know, the kind of damages you sue your doctor for when he inadvertedly chops off the wrong leg...

      the point is: they are guilty, these trials are nonsense, the RIAA should stop. because we are not :)

    4. Re:This is what happens by Anonymous Coward · · Score: 0

      Except that it is fighting the good fight to keep rich corporations from extorting hundreds of thousands of dollars from normal people who committed the crime of sharing bytes.

      Fuck you.

  9. It's Such A Nice Distinction by mindbrane · · Score: 1

    While we the people believe the principles involved are moot. The RIAA believes we the people should be mute.

    --
    ideopath @ play
    1. Re:It's Such A Nice Distinction by CarpetShark · · Score: 0, Offtopic

      Just FYI: that was a single sentence with a comma, not two sentences.

    2. Re:It's Such A Nice Distinction by mindbrane · · Score: 1

      That's gonna leave a mark. Late night "relaxed" post. It was supposed to be: While we the people believe the principles involved are moot, the principals of the RIAA believe we the people should be mute. Still not all that good, but really, I've very little shame. :)

      --
      ideopath @ play
  10. $20 is too much by Mistlefoot · · Score: 3, Insightful

    $20 is too much for a CD of sub par music. Now you want me to pay the same people who already rip me off, and get nothing?

    You want people to donate $600,000 to the RIAA?

    Is this from the Onion?

    1. Re:$20 is too much by NewYorkCountryLawyer · · Score: 5, Funny

      You want people to donate $600,000 to the RIAA? Is this from the Onion?

      I'm still hoping I've been pranked.

      --
      Ray Beckerman +5 Insightful
    2. Re:$20 is too much by NervousNerd · · Score: 2, Funny

      No, no. What you do instead, is send them 600,000 CD's with the Free Software Song on them.

    3. Re:$20 is too much by calmofthestorm · · Score: 3, Interesting

      That's a violation of international law: http://en.wikipedia.org/wiki/Geneva_convention

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    4. Re:$20 is too much by CarpetShark · · Score: 1

      $20 is too much for a CD...You want people to donate $600,000 to the RIAA?

      What they're asking people to do is support the very system they hate. It has nothing to do with willingness to pay for CDs; people already pay for their broadband, gladly. But yes, asking them to PAY the RIAA is just nuts. Doubtless they'll find some idiots willing to collectively pay it, and that'll be seen as legitimate cause for imposing an official RIAA tax :/

    5. Re:$20 is too much by Anonymous Coward · · Score: 0

      Why don't you bunch of freeloaders pay the fine... You were the idiots dispensing free advice that seemed to suck!

    6. Re:$20 is too much by DaveV1.0 · · Score: 1

      If $20 was too much to pay for the music, then you didn't really want the music anyway. Therefore, you should not make illegal copies of the music.

      Oh, wait, that would mean acting like an adult and accepting that, just because you want something, you don't get to get it for free.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    7. Re:$20 is too much by Mr2001 · · Score: 0

      If $20 was too much to pay for the music, then you didn't really want the music anyway. Therefore, you should not make illegal copies of the music.

      If he "didn't really want the music anyway", he wouldn't have made any copies. I won't pay $100 for a sandwich, but that doesn't mean I don't want one; it only means I value a sandwich at less than $100.

      Oh, wait, that would mean acting like an adult and accepting that, just because you want something, you don't get to get it for free.

      Are you enough of an adult to accept that just because you wrote a song, you don't get to stop other people from repeating it?

      --
      Visual IRC: Fast. Powerful. Free.
    8. Re:$20 is too much by Anonymous Coward · · Score: 0

      I think there's going to be a huge backlash against the RIAA. Someone, sometime, somewhere is going to snap. He will built a FKUR144 worm that will infect 10s of millions of machines around the world and cause them to download some 30+ top hits on a hidden folder and share them through a emulated lite version of kaza/limewire. Incriminating millions of innocent families; I don't know what else can show the government how insane this whole deal is.

      What does it take to be charged half a million dollars? What comparable crime is there? Speeding tickets(endangering human lives)? If those songs are so damn valuable how come they are so damn easy to get. I could teach a 5 year old to do this and to them this is no different from playing a prank or misbehaving. Parent: "I sent him to his room for getting a hold of the cookie jar, I didn't think he would try to teach me a lesson by downloading illegal music and being charged with 500k-5 mill. If I knew the computer was so dangerous than they shouldn't sell them in stores."

    9. Re:$20 is too much by DaveV1.0 · · Score: 1

      Does that mean you would take the sandwich without paying or just paying what you thought was appropriate instead of the price put on by the owner? Are you going to impose upon the lawful owner of something the price you prefer instead of what he prefers simply because you don't agree? Shall we apply your logic to what YOU own?

      Are you enough of an adult to accept that just because you wrote a song, you don't get to stop other people from repeating it?

      Actually, thanks to copyright law, I have that right. Or, did you forget about the law? Are you done making an ignorant ass out of yourself?

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    10. Re:$20 is too much by rohan972 · · Score: 1

      Does that mean you would take the sandwich without paying or just paying what you thought was appropriate instead of the price put on by the owner?

      No, I will make a copy of the sandwich.

    11. Re:$20 is too much by hedwards · · Score: 1

      Why not? The USPS could use stimulus too.

    12. Re:$20 is too much by Anonymous Coward · · Score: 0

      no one's forcing you to listen to the music or buy these albums

    13. Re:$20 is too much by RedK · · Score: 1

      Like you're free to make your own sandwich, you're free to make your own music. If you want to listen to what the RIAA is peddling, you pay their price. Why is that so hard to understand ? What you think is a fair value for the music doesn't matter and isn't justification for infringing on the RIAA's copyright.

      --
      "Not to mention all the idiots who use words like boxen."
      Anonymous Coward on Monday August 04, @06:49PM
    14. Re:$20 is too much by alienw · · Score: 1

      If it's really sub-par music that's not even worth the $10 that an album costs, why are you stealing it? Obviously, it's not worth listening to. Last I checked, nobody ever got sued by the RIAA for pirating non-RIAA music. Also, how is it a rip-off? Last I checked, the RIAA was not holding anybody at gunpoint and forcing them to buy Soulja Boy CDs. If you don't like to buy these allegedly sub-par albums, you can always tape it off the radio, buy a single track from iTunes or Amazon, or just not listen to it at all.

    15. Re:$20 is too much by Anonymous Coward · · Score: 0

      > No, no. What you do instead, is send them 600,000 CD's with the Free Software Song [gnu.org] on them.

      What!? We only need to send them like 30 copies of the song. Don't you know how much imaginary property is worth these days!?

    16. Re:$20 is too much by rohan972 · · Score: 2, Interesting

      Like you're free to make your own sandwich, you're free to make your own music.

      Which I do.

      If you want to listen to what the RIAA is peddling

      Which, for the most part, I don't.

      you pay their price.

      Which, for the ones I want, I do.

      Why is that so hard to understand ? What you think is a fair value for the music doesn't matter and isn't justification for infringing on the RIAA's copyright.

      Here's where you've entered a world of error. First, you've assumed I infringe copyright just because I made a tongue in cheek comment about copying a sandwich. This assumption of guilt on very scant evidence is exactly what many people object to about the *AAs. The attitude you have, which the *AAs share, is a major part of the problem regarding implementing copyright law right now. Second, your assertion that what people think is a fair price doesn't matter reveals you lack any sort of understanding about how a market works. Saying it isn't justification for downloading is very similar to saying if alcohol is made illegal then people shouldn't drink it. That type of thinking is perhaps interesting in theory, but implementing public policy based on it is disastrous in practice.

      As for "justification for infringing on the RIAA's copyright", since unrestrained copying is the natural state and copyright law institutes a state granted monopoly, it is copyright itself, rather than infringement, that requires justification. Indeed, that has already been done long ago, the justification is the work passing into the public domain. That's why the US constitution requires that the exclusive right is for a limited time. The current terms of life + 70 years, from the perspective of a currently living person, is not limited, stupid court rulings notwithstanding. As such, it is very difficult to persuade people to comply with copyright law out of a sense of morality or justice. All that is left is to threaten them or brainwash them into compliance. Bring back truly limited terms, I suggest no more than half the average life span, and I am squarely in the pro-copyright camp. I haven't heard a complete and compelling argument in favour of copyright in the absence of doing that.

    17. Re:$20 is too much by metaforest · · Score: 1

      While I have no doubt I could make you a sandwich that you would find appealing, I have considerable doubts about making music that you would enjoy. Many attempt the sandwich and succeed. Many attempt music and fail.

      Let me know what you think:
      http://www.meta-forest.net/jellophane.mp3

    18. Re:$20 is too much by Mr2001 · · Score: 1

      Does that mean you would take the sandwich without paying or just paying what you thought was appropriate instead of the price put on by the owner?

      By taking a sandwich, I would be depriving the rightful owner of that sandwich. Downloading a song, on the other hand, deprives no one of anything, especially if the alternative is not to listen to the song at all.

      If a song is on sale for $1, which I think is too much, and I decide not to download it for free, no one benefits from that decision. I'm worse off because I'm not listening to the song (which I might value at 50 cents), and the artist and record label are exactly in the same place -- they're not getting my money either way. In fact, the artist might even consider himself worse off because that's one less person listening to his music. Rationally, there's no reason I should go without the song rather than downloading it for free, other than the negligible legal risk.

      Are you going to impose upon the lawful owner of something the price you prefer instead of what he prefers simply because you don't agree? Shall we apply your logic to what YOU own?

      What do you mean, "impose"? The copyright holder is not involved in private acts of copying. Nothing is imposed on him; he isn't even aware the transaction is going on.

      And yes, please do apply this logic to what I own. If, for example, you have the ability to make an exact duplicate of my car, without my permission and without depriving me of its use for even an instant, leaving the fully functional original exactly where it is, then you have my permission to go right ahead and do that.

      Actually, thanks to copyright law, I have that right. Or, did you forget about the law? Are you done making an ignorant ass out of yourself?

      As we both know, millions of people feel that law is illegitimate and don't hesitate to break it. Go ahead, keep expecting people to restrict their own speech just to put money in your pocket; see how well that works out for you.

      --
      Visual IRC: Fast. Powerful. Free.
    19. Re:$20 is too much by Mr2001 · · Score: 1

      Like you're free to make your own sandwich, you're free to make your own music. If you want to listen to what the RIAA is peddling, you pay their price.

      If I don't like what the deli is charging for a club sandwich, I can make my own: I'll use the same ingredients as the deli, arranged in the same order, and end up with a club sandwich that's substantially similar to what I could've bought from the deli. I am free to do that.

      But if I want to make my own copy of "Hit Me Baby One More Time", and I end up with something substantially similar to the recording that Britney's label is selling, I'll get sued for infringement. It's like if the deli tried to claim ownership of all club sandwiches, not just the ones that the deli made themselves. So, how exactly am I "free to make [my] own music" to substitute for what the RIAA is selling?

      --
      Visual IRC: Fast. Powerful. Free.
    20. Re:$20 is too much by DaveV1.0 · · Score: 1

      But, you would still be compensating the owner of the sandwich. You just wouldn't be paying what the owner wanted. No one is the worse off. The owner is compensated and you have the sandwich.

      Apparently, you think it is OK to deprive someone of their legally granted rights. That, or you don't believe in legally granted rights. Which is it?

      If a song is on sale for $1, which I think is too much, and I decide not to download it for free, no one benefits from that decision. I'm worse off because I'm not listening to the song (which I might value at 50 cents), and the artist and record label are exactly in the same place -- they're not getting my money either way.

      You have assigned a value, and then deprived the copyright holder of that value. There goes that "not depriving anyone".

      Rationally, there's no reason I should go without the song rather than downloading it for free, other than the negligible legal risk.

      So, doing the right thing is not enough of a reason. More proof you are an asshole. Do you think you deserve to have access to the song because it is available and that you should not have to pay for the privilege of being able to listen to it? Do you think you have some right to it? Do you think you wants somehow negates the copyright owner's legal rights?

      The copyright holder is not involved in private acts of copying. Nothing is imposed on him; he isn't even aware the transaction is going on.

      By definition, the copyright holder has the right to control the copying of the work. By making a copy without the copyright holder's permission, you have imposed your will on him and denied him his legally granted right to control the copying of his work

      You have agreed that I have the right to impose your logic on you. Therefore, you are to give me everything you own for exactly US$1.00. Tell me where I can pick it up and I will bring you your US$1.00.

      As we both know, millions of people feel that law is illegitimate and don't hesitate to break it. Go ahead, keep expecting people to restrict their own speech just to put money in your pocket; see how well that works out for you.

      Since when is MY WORK your speech? It is not YOUR SPEECH. Get that through your ignorant fucking skull.

      Now, post your name and address. I am going to come pick up what is soon to be my stuff.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    21. Re:$20 is too much by Mr2001 · · Score: 1

      But, you would still be compensating the owner of the sandwich. You just wouldn't be paying what the owner wanted. No one is the worse off.

      Incorrect. The owner of the sandwich is worse off if what I've paid him is less than the value he assigns to the sandwich. If I give him $3 for a sandwich he thinks is worth $5, he has a net loss of $2.

      Apparently, you think it is OK to deprive someone of their legally granted rights. That, or you don't believe in legally granted rights. Which is it?

      I believe it's OK to deprive someone of the "legally granted right" to censor my speech, since that right is illegitimate to begin with.

      So, doing the right thing is not enough of a reason.

      You're suggesting that "doing the right thing" means choosing lose-lose (or lose-breakeven) over win-lose? That's not "right", it's just foolish.

      More proof you are an asshole. Do you think you deserve to have access to the song because it is available and that you should not have to pay for the privilege of being able to listen to it?

      Essentially, yes. I deserve to have access to the song because someone is offering to give me access. I am not obligated to turn down his offer just because he isn't the person who wrote or recorded the song.

      Do you think you have some right to it?

      Only the same right that I have to listen to what anyone tells me on any other subject. For example, if someone offers to tell me the secret formula for making Coca-Cola, then I have the right to hear it from him. (If no one is willing to tell me the formula, then I'm out of luck; I don't have the right to force them to divulge it.)

      Do you think you wants somehow negates the copyright owner's legal rights?

      My human right to share knowledge and experiences with fellow humans trumps anyone's legal right to restrict what I'm allowed to say in order to make a buck for himself.

      By definition, the copyright holder has the right to control the copying of the work. By making a copy without the copyright holder's permission, you have imposed your will on him and denied him his legally granted right to control the copying of his work

      If I claim the right to control the airspace of Jupiter, then every meteorite that crashes into Jupiter is violating my rights. But it would be foolish to make this claim, because I can't possibly hope to enforce my wishes for a planet millions of miles away; if I believe I have that right, then I must have been conned by whoever sold it to me.

      Private copying does not, in any real sense, pose any sort of imposition on the copyright holder. It doesn't require any extra work on his part, he doesn't gain or lose any money or goods, and in all likelihood he's completely unaware that anything has happened. He only misses an opportunity to censor someone -- an opportunity he didn't even know he had. If that's what you call imposing your will on someone, you're undermining the very concept of "will".

      You have agreed that I have the right to impose your logic on you. Therefore, you are to give me everything you own for exactly US$1.00. Tell me where I can pick it up and I will bring you your US$1.00.

      As you know, this is not my logic, it's a ridiculous strawman you've made up. I've already told you how you can apply my logic to my possessions: just like file sharing, it involves making copies without disturbing the originals. If you can find a way to do that, you can have copies of all my stuff, and you'll probably win the Nobel Prize as well.

      Since when is MY WORK your speech? It is not YOUR SPEECH. Get that through your ignorant fucking skull.

      The words that come out of my mouth when I'm speaking are my speech: you don't own them just because you wrote the same sequence of words earlier. If you restrict the expressions I'm allowed to say or the information I'm allowed to share, you're restricting my speech. Get that through your own ignorant fucking skull, sir.

      --
      Visual IRC: Fast. Powerful. Free.
    22. Re:$20 is too much by DaveV1.0 · · Score: 1

      I have suddenly realized you are a fucking moron. This is obvious now that you have said someone elses work, effort, speech is your to do with as you will because it is your speech.

      That was your logic now cough up the info or admit you are lying hypocrite.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    23. Re:$20 is too much by Mr2001 · · Score: 2, Insightful

      I have suddenly realized you are a fucking moron. This is obvious now that you have said someone elses work, effort, speech is your to do with as you will because it is your speech.

      You, on the other hand, seem to think my speech is yours to "do with as you will" if it happens to include a series of words that you spoke previously. I guess we're both fucking morons.

      That was your logic now cough up the info or admit you are lying hypocrite.

      I would like to see a demonstration of your copying technology before inviting you onto my property, as you seem like a hostile sort that might have nefarious intent.

      I will gladly meet you at Riverfront Park in Spokane, Washington, where you can demonstrate your good faith and capability by creating a duplicate of the historic Looff Carrousel without disturbing or damaging the original or incurring any costs for any unwilling participants. You may invite members of the media and scientific community as well. Once you've demonstrated this, I'll gladly allow you onto my property where you can do the same to my possessions.

      I have to wonder, though: if you really intend for this to be analogous to file sharing, why do you need my address at all? I don't need to know where Britney Spears lives (or even where she keeps the master tapes) in order to copy her works. If you can't copy my possessions from afar, without my knowledge, then perhaps it isn't as analogous as you think.

      --
      Visual IRC: Fast. Powerful. Free.
  11. A reasonable question by hyades1 · · Score: 1

    How can one not suspect that the defense was bought off by the RIAA? I can't conceive of a team of lawyers who could be so utterly incompetent by accident.

    --
    I've calculated my velocity with such exquisite precision that I have no idea where I am.
    1. Re:A reasonable question by Anonymous Coward · · Score: 0

      This is the some of the most fucked up shit I've ever read. I wouldn't be surprised if this whole lawsuit defendant and plaintiff was a giant farce by the RIAA.

    2. Re:A reasonable question by jpmorgan · · Score: 1

      You can blame his defense if you want, but he sabotaged his own case when he said in court that the RIAA's lawyers were 100% correct.

    3. Re:A reasonable question by Aeternitas827 · · Score: 1

      You'd be amazed at the amount of incompetency that runs rampant in the world. 20-something college graduates who don't understand basic questions like, 'what's the area code of your phone number', instead giving you their fucking ZIP CODE. I'm pretty sure my child understands the difference, and she's barely old enough to piece together a sentence of more than 3 words. Look around your average shopping mall, you'll find more than your share of well-trained idiots in the world.

      If you believe, honestly, that a payoff of the defense counsel was involved here, you must be like my mother-in-law, convinced that the Obama administration is setting up concentration camps to get rid of those 50+, or at least denying them healthcare, or wasting money on vaccinating a bunch of kids against the Swine Flu against their parents' will.

      --
      I don't post AC. I like my -1, Flamebaits. Trump/Sheen 2012 on the Batshit Insane ticket!
    4. Re:A reasonable question by NewYorkCountryLawyer · · Score: 1

      This is the some of the most fucked up shit I've ever read. I wouldn't be surprised if this whole lawsuit defendant and plaintiff was a giant farce by the RIAA.

      Neither would I.

      --
      Ray Beckerman +5 Insightful
    5. Re:A reasonable question by jimicus · · Score: 1

      Neither would I.

      Purely out of morbid curiosity (and I accept we've gone beyond conspiracy theory and are riding off into the sunset at this point), I wonder how the US DOJ would react if this was true and they found out about it.

      IANAL, and I'm not even an American, but I can't imagine they'd be too impressed.

    6. Re:A reasonable question by Pranadevil2k · · Score: 1

      I'm wondering if they realize just how badly they lost, and that's why they won't attempt to appeal? If the appeals court were to support the verdict (and from the direction the case went that seems guaranteed) it would then become precedent in that circuit, wouldn't it? Which would just screw over anyone who gets sued in the future :|

    7. Re:A reasonable question by russotto · · Score: 1

      Purely out of morbid curiosity (and I accept we've gone beyond conspiracy theory and are riding off into the sunset at this point), I wonder how the US DOJ would react if this was true and they found out about it.

      I'm sure they'd be "shocked, shocked" to find that some sort of collusion was going on here.

      (I doubt it, though. The RIAA has proven incompetent in covering up its misdeeds... probably because they don't have to bother because no one who matters objects to them)

    8. Re:A reasonable question by hyades1 · · Score: 1

      That was my point. I can't believe any competent defense council wouldn't have been standing on the guy's throat rather than let him say what he did. IANL, but even Al Capone was allowed to plead the Fifth.

      --
      I've calculated my velocity with such exquisite precision that I have no idea where I am.
  12. You've Got To Admit The RIAA's Strategy is Working by Dr_Ken · · Score: 1

    They pick and chose pretty carefully who they are gonna sue in order to gain the most publicity and spread FUD amongst the peons. And it seems to be working out just fine for them too.

    --
    "If you want to know what happens to you when you die, go look at some dead stuff."
  13. appeal bond? by Anonymous Coward · · Score: 0

    I think sometimes when someone is ordered to pay X dollars to the other party and they want to appeal the judgement, they first have to put the X dollars in escrow so the appellate court can release the money in the event that the appeal is unsuccessful.
    Is that what is going on here?

    1. Re:appeal bond? by Anonymous Coward · · Score: 0

      Nah. I'd guess the escrow would be some percentage of judgment, a pretty big sum. Even if he can come up with the money, putting it in escrow would take a way the option of filing bankruptcy to avoid payment.

  14. Re:Fuck em. Time to expatriate. by Anonymous Coward · · Score: 0

    So... to avoid life-destroying debt I should destroy my life? That makes a lot of sense! "I will kill you!" "Not if I kill me first! HAHA! Im a genious! *BLAM*"

  15. Re:You've Got To Admit The RIAA's Strategy is Work by tsa · · Score: 1

    Yeah. Pimp tactics. And pimps are the lowest of the low scum.

    --

    -- Cheers!

  16. Though you wouldn't critique a surgery... by Anonymous Coward · · Score: 0

    ...you apparently are comfortable evaluating the competency of the handling of a legal case. It may not seem difficult, but we go to school for a long time to know what we're doing on these things.

    1. Re:Though you wouldn't critique a surgery... by Anonymous Coward · · Score: 0

      If a doctor fucks up, I'll happily critique their surgery. Medicine != magic.

  17. Does this set a precedence for the RIAA? by MrKaos · · Score: 1

    IANAL so I was wondering does this set up a precedence that the RIAA can refer to when going after someone else? Is there anyone there who can say 'IAAL' who knows the answer to this?

    Or are they dealt with on a case by case basis?

    --
    My ism, it's full of beliefs.
    1. Re:Does this set a precedence for the RIAA? by belmolis · · Score: 4, Informative

      Only the decision of a court superior to the one making the decision is binding on it. That means that the decision of a trial court such as this does not constitute a binding precedent - only decisions of appellate courts constitute binding precedents, and then only on courts inferior to them. Thus, a decision of the Supreme Court is binding on all federal courts, but a decision of the Court of Appeal for the 9th Circuit is only binding within the 9th Circuit.

    2. Re:Does this set a precedence for the RIAA? by Trepidity · · Score: 1

      They'll try to use it as some sort of precedent, sure. But legally, it's basically irrelevant. They won the case almost solely on the basis that they asked the defendant if he was liable, and the defendant said "yes" in open court. All the precedent that sets is: if the plaintiff's lawyer outright asks you if you're at fault in a case, your lawyer fails to object to the question, you actually answer it, and you say "yes", then, well, you lose. But I think everyone already knew that.

    3. Re:Does this set a precedence for the RIAA? by Anonymous Coward · · Score: 0

      And only if it has been published. The secret shame of the circuit courts is that the vast majority of their decisions aren't published. It's the whole Anastasoff mess.

    4. Re:Does this set a precedence for the RIAA? by KiahZero · · Score: 1

      That's neither accurate nor secret nor shameful.

      If you've read one "Appellant was denied a Certificate of Appealability for failure to make a substantial showing of an infringed constitutional right" appeal decision, you've read them all. That's why they're published (referring to them as "unpublished" is a bit of a misnomer), but "not recommended for full-text publication," which means that the reporting services like West don't bother to print it.

      --
      I'm a lawyer, but not yours. I wouldn't represent someone who thinks taking legal advice from Slashdot is a good idea.
    5. Re:Does this set a precedence for the RIAA? by ScrewMaster · · Score: 1

      Only the decision of a court superior to the one making the decision is binding on it.

      Still, won't the fact that the case was lost (and lost so ignominiously) impact other cases simply by the RIAA making other jurisdictions aware of this decision?

      --
      The higher the technology, the sharper that two-edged sword.
    6. Re:Does this set a precedence for the RIAA? by ari_j · · Score: 1

      That's true, with two caveats. First, legal precedent can be persuasive on other courts even though it is not binding on them - in the absence of binding precedent and where the other court is arguably right, agreeing with that other court is the more common outcome. Sometimes, you'll see a court that appears to have a mentor court with how often it cites to that other court's decisions in reaching its own. And there's nothing wrong with that - for hundreds of years, American and English courts cited each other with favor, notwithstanding ongoing wars and political hatred.

      Second, despite the fears of many Slashdotters, there is no such thing as factual precedent being binding on a court's decisions in unrelated lawsuits. The legal precedent here is the million-dollar question being asked and permitted, although it's not going to go anywhere because of a critical problem: There was no objection. If you don't object to evidence, you can't appeal based on its being admitted. And without the legal decision of whether to sustain your objection, there is no real precedent to work from.

    7. Re:Does this set a precedence for the RIAA? by belmolis · · Score: 1

      Sure, news of a case might influence another court, but in law that isn't called precedent. If you tell a court that there is precedent for some point, you'd better be able to cite an appellate decision. And of course judges aren't supposed to be influenced by anything other than the facts before them and the law (including binding precedent). They're only human but they do generally try to hew to this standard.

  18. Re:Fuck em. Time to expatriate. by Gravedigger3 · · Score: 1

    Destroy your life? Slinging drugs to tourists in Eastern Europe actually sounds like much more of a life than being a wage slave here trying to dig my way out of debt. Tourists + Drugs = $$$ and the exchange rate will mean that if you are taking in Euro or American and converting it to Crown (Czech currency) you will be living like a rock star. Imagine the women.

    Of course, like most things, reality would probably suck all the fun out of this fantasy if I actually tried it.

    --
    All you touch and all you see is all your life will ever be. -PF
  19. I think it should have gone to trial by Sycraft-fu · · Score: 4, Insightful

    Because with a competent defense, they have an almost unwinnable case. There are just so many areas to slam them on. One of the biggest I'd go for is proof of harm. While I wouldn't have the defense admit to anything, I'd slam them on the fact they have no proof of any harm. Currently, there's only been one scientific, peer reviewed study done on file sharing. It was done by UNC and Harvard (http://www.unc.edu/~cigar/papers/FileSharing_March2004.pdf). The result? File sharing has no statistically significant effect on sharing. Ok so you get that in to evidence. You can keep all their studies out on account of they paid for them (thus there's bias), there is no peer review, proper scientific method wasn't followed and so on.

    At this point, the only piece of evidence on the harm of sharing, shows that there is none. So now you argue that it isn't even relevant if the sharing took place as it caused no harm. That wouldn't be your only argument, but would be a major one.

    Another major one would be to attack the means of getting the information on what was shared and who shared it. There are so many problems with this, not the least of which that Media Sentry, the company that does the dirty work, is unlicensed as an investigator. So you can hammer them on their methods too.

    In the end, what you'd likely have is no proof your client did it, just wild ass speculations, no proof of any harm, even if they did, and so on.

    The defense was just amazingly incompetent. I mean they did stupid shit like wait too long to apply to have an expert witness speak, and thus got them excluded. That is pure amateur shit right that. "Oh duh we forgot there was a deadline." You aren't in high school, morons, you'd better be more competent than that.

    1. Re:I think it should have gone to trial by cliffski · · Score: 2, Insightful

      If I steal from the local corner shop, the shop shouldn't have to get peer-reviewed studies to prove that it impacted their business. The law defines theft, or in this case copyright infringement, and he was guilty as fuck.

      This guy didn't 'deliberately get caught breaking an unjust law to bring down the system'
      He got caught downloading music. Warned, did it again, and knowingly broke the law.
      I have fuck-all sympathy, apart from the fact that he has clearly been talked into fighting an unwinnable court case by the kind of people who post about the RIAA being a 'fascist state'.

      Feel free to go fight fascism. Don't pretend downloading mp3s is doing that though.

      --
      DRM-free indie games for the PC and Mac: Positech Games
    2. Re:I think it should have gone to trial by davmoo · · Score: 1

      One of the biggest I'd go for is proof of harm.

      Would you push this just as hard in a case involving the GPL and a company ignoring it?

      --
      I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
    3. Re:I think it should have gone to trial by Anonymous Coward · · Score: 1, Insightful

      One of the biggest I'd go for is proof of harm.

      Oh, cut it out. When will you bozos understand that there's no need to prove harm? That's why it's called "statutory damages". Like statutory rape. You don't have to prove harm -- both parties may have been blissful as hell over the act, but it's still "statutory" rape. It means, in effect "by law".

      All the **AA needs is to prove that "the act" (in this case, mucking illegally with files) actually occurred. They don't have to go any farther than that to win the case. And their "damages".

    4. Re:I think it should have gone to trial by westlake · · Score: 1

      One of the biggest I'd go for is proof of harm.

      The copyright owner has the exclusive right of distribution. The damages are assessed according to a statutory formula. He doesn't have to prove how badly he has been harmed.

      You can take the UNC and Harvard study into the Congressional hearing. It's place in the courtroom is far less clear.

      Considering Harvard's performance in Tenenbaum, I wouldn't be quaking in my boots if did come in.

      If it does come in, the others probably will too. The only peer review that ultimately matters in court is that of the jury.

      Media Sentry, the company that does the dirty work, is unlicensed as an investigator.

      That only matters in cases and in jurisdictions where a "license" is required. The world of the forensics investigator is far removed from that of Spade and Archer.

      Tenenbaum said flatly that MediaSentry had got it right:

      Tenenbaum admitted that the screenshots captured by MediaSentry in August 2004, showing over 800 song files in his KaZaA shared folder, were accurate representations of the contents of that folder. Tenenbaum takes the stand: I used P2P and lied about it

    5. Re:I think it should have gone to trial by Anonymous Coward · · Score: 0

      Harm is not required by the laws as written. So trumpet your study all you want, they'll point out that the laws don't care.

      If you want to address what harm sharing causes, the judge will tell you to go to the legislature instead.

    6. Re:I think it should have gone to trial by sumdumass · · Score: 1

      Why don't you get it strait, downloading was never the issue here, it was the distribution.

      Copyright law doesn't cover you getting the stuff, it covers the stuff being distributed and copied. Downloading does neither.

    7. Re:I think it should have gone to trial by Lehk228 · · Score: 1

      if the company were being sued for 25000 times the value of the software, yes

      the problem isn't that the bid bad RIAA is suing people for copyright infringement, the problem is that congress unconstitutionally constructed a criminal fine system into civil law to allow punishment to be carried our in civil court so they can bypass many of the defendant's rights.

      The purpose of civil court is to make the plaintiff whole again and sometimes, when the defendant has been particularly wanton in their disregard for the law to smack them on the nose.

      The mcdonalds hot coffee case that people get so outraged over was $160,000 in compensatory damages and 480,000 in punitive damages.

      taken to the same ratio as the DMCA allows for a $1 song, this would be like that case taking a verdict of 400 million dollars in punitive damages.

      --
      Snowden and Manning are heroes.
    8. Re:I think it should have gone to trial by Spazmania · · Score: 1

      In the end, what you'd likely have is no proof your client did it, just wild ass speculations, no proof of any harm, even if they did, and so on.

      This was a civil, not criminal case. Civil cases turn on the weight of the evidence, not proof beyond a reasonable doubt. If more evidence says you did it than says you didn't, you lose.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    9. Re:I think it should have gone to trial by pacergh · · Score: 1

      Proof of harm is not a good defense in Copyright infringement cases. Why?

      All you have to prove for a Copyright infringement case is that there was an unauthorized copy made of the file.

      Once that is proven, the plaintiff can get statutory damages. These can only be gotten if the copyrighted work has a copyright notice on it, I believe, and there may be some additional requirements. Regardless, all major labels package and file their copyrighted songs in a manner allowing for these damages.

      So, you only have to prove harm if, say, your Blog with no copyright notice on it gets copied without authorization by someone and you're then suing them.

      As for the evidence against you, there are two ways to attack that. First, in limine, can you file objections to the evidence provided by Media Sentry. These would fall under the Federal Rules of Evidence. Judges have tremendous leeway on this, and most of the efforts to knock out the evidence have failed. Which leads to the second route of attack.

      Discredit the evidence to the jury. Judges let a lot of evidence in because they want to leave it up to the trier of fact -- the jury -- to decide how to weigh it. Unless evidence clearly runs afoul of a rule of evidence (such as hearsay, unauthenticated documents, or an expert opinion made by someone who is not an expert) then it usually comes in.

      This second route of attack requires the defense to take that evidence and spin it so that it is viewed as unreliable. This can be difficult. The Jaime Thomas case is a good example of the difficulties of this, and how easy it is to fail. Juries are always wildcards. (Juries do tend to be very sincere at what they do, however.)

      So, while lawyers may complain about the representation Tenenbaum received, it does not necessarily mean the case would have gone differently with better representation. Rather, deadlines would probably not have been missed and the lead attorney would likely have avoided orders to show cause as to why they should not be sanctioned under Rule 11 violations. (Although, these do happen with non-professor attorneys . . . .)

    10. Re:I think it should have gone to trial by Anonymous Coward · · Score: 0

      Isn't there grounds to appeal based on ineffective counsel? Everybody here seems to recognize that defense counsel couldn't counsel a snowball against a vacation in hell, so why doesn't somebody whisper into the defendant's ear that maybe he should tell the court that? Is there a different standard for "moron" and "appeal-worthy moron"? I have no idea; I learned everything I know about the courts from Alan Shore, Denny Crane and ADA Jack McCoy.

    11. Re:I think it should have gone to trial by Courageous · · Score: 1

      One of the biggest I'd go for is proof of harm.

      Statutory damages for copyright violation don't require any proof of harm at all. It's coded into the law, per se.

      Your idea to attack proof of actual distribution is a good one, however, because the "making available" angle they've been using was made up out of whole cloth: there's nothing in the law for it at all. They're hoping to get it woven into jurisprudence without first weaving it into black letter law, abracadabra, like.

      I wouldn't be suprised at all if they're pushing for legislation to make "making available" itself actionable. It would certainly make their life easier, eh?

      C//

    12. Re:I think it should have gone to trial by rohan972 · · Score: 1

      One of the biggest I'd go for is proof of harm.

      Would you push this just as hard in a case involving the GPL and a company ignoring it?

      Since the expected benefit in such a case would be the GPL'd code of the modifications then the harm is easy to prove, not in a dollar amount, but in lines of code. If the defendant was not willing to release their code, I suppose they could take the route of paying statutory damages.

    13. Re:I think it should have gone to trial by Anonymous Coward · · Score: 0

      > The result? File sharing has no statistically significant effect on sharing.

      ho really?

    14. Re:I think it should have gone to trial by diversiform · · Score: 1

      Just wanted to say I'm troubled by the viciousness of the insults being hurled at these lawyers. First, no one can get through law school if they're an "idiot" or a "moron." Second, the fact that they were working pro bono is to be commended, and I'm sure it's not very encouraging for them to have their techniques be ripped to shreds by people who -- however closely they may have been following the case -- weren't in the courtroom and probably haven't studied the matter as closely as the people involved.

      That said, I think the lawyers did make a mistake in taking on this case. There are some file sharing cases which should be defended as vigorously as possible, like where the RIAA is targeting the wrong person, or the file sharer has a plausible fair use claim. But here? It just sounds like the file-sharer is a greedy dumbass who knew what he was doing was wrong, did it anyway, and thought he'd somehow avoid getting in trouble. Tenenbaum is the idiot, not his lawyers.

    15. Re:I think it should have gone to trial by RedK · · Score: 1

      What does lines of code even represent as harm ? Your original project is intact, all your lines of code are there, it still works, it's still available. There is no harm, only loss of opportunity. Hey, that's exactly like the RIAA. They don't actually lose anything (if you listen to all the anti-RIAA zealots), they don't even lose a sale according to some, because they listen to RIAA crap all day, but would never buy it. What the RIAA loses is opportunity to make a sale.

      So in a sense, a GPL project suffers the same damages as the RIAA when someone doesn't respect the license. That's why you have statutory damages in place, in order to deter such activities in the first place.

      --
      "Not to mention all the idiots who use words like boxen."
      Anonymous Coward on Monday August 04, @06:49PM
    16. Re:I think it should have gone to trial by alienw · · Score: 1

      It takes some nerve to claim that the defense is incompetent, and then suggest completely moronic theories. Even if you took a basic intellectual property law class, you would know that everything you are saying is completely wrong, and would get you laughed out of the courtroom.

      First, copyright law specifically does not require proof of harm, or anything like that. You can always ask for statutory damages, even if the other side can prove your losses were zero. Statutory damages are about $150k/infringement.

      Second, I fail to see the relevance of Media Sentry not being licensed as an investigator, especially since they were not investigating anything. Are you saying they can't testify as witnesses? That would be pretty ridiculous. What if I observe someone selling pirated CDs on the street? Are you saying I have to be licensed as a private investigator before I can testify in court? That's a pretty ridiculous argument.

      Seriously, courts do not like people getting off on technicalities. It sometimes happens, but if you actually committed $1M worth of infringements and got sued for it, it's not really a good idea to go to trial with that. Regardless of what you think of the justice system, it's remarkably good at upholding the law.

    17. Re:I think it should have gone to trial by Anonymous Coward · · Score: 0

      This is slashdot, boy. Employment as an IT monkey in a Linux shop automatically makes you an world class expert on anything and everything, running megacorporations, esoteric science, international politics, you name it. The mere workings of the American legal system are almost to trivial to be worth speaking about.

    18. Re:I think it should have gone to trial by rohan972 · · Score: 1

      What does lines of code even represent as harm ? Your original project is intact, all your lines of code are there, it still works, it's still available.

      You have your original code, you do not have the modified code. According to the license terms, your expected (and legally required) gain would have been the GPL'd source of the modifications. Thus the lack of that code, available for your use and further modification, is the harm. It is quantifiable and provable.

    19. Re:I think it should have gone to trial by cffrost · · Score: 1

      Feel free to go fight fascism. Don't pretend downloading mp3s is doing that though.

      You are right. Let's pretend to fight fascism with Democracy, Positech-style:
      https://thepiratebay.org/torrent/3500370/Democracy_-_Full_(Ready_install)_(Reseed)

      --
      Thank you, Edward Snowden.

      "Arguments from authority are worthless." —Carl Sagan
    20. Re:I think it should have gone to trial by deblau · · Score: 1

      There are just so many areas to slam them on. One of the biggest I'd go for is proof of harm.

      The law explicitly says you can recover money even if you can't prove there was harm. A crappy law to be sure, but it's the law. Your line of attack is basically saying to the jury "He broke the law but the law isn't fair", which will sound like whining to anyone who doesn't really know or care about copyright infringement (i.e. about 95% of the people out there). The likely reaction to this argument is "life isn't fair, kid". The jury is bored, underpaid, would rather be somewhere else, and probably doesn't care about your moral crusade, no matter how much you do. All they are thinking is "This guy just admitted he did it? Awesome, now I can vote for liability right away and get home tonight in time to be with my family."

      Another major one would be to attack the means of getting the information on what was shared and who shared it.

      This argument sounds like "I was growing weed in my back yard behind a tall fence where no one could see it, but then those lousy cops flew overhead in an airplane. That's not fair!" Again, essentially an admission of guilt, and whining. Look the guy broke the law, and everyone knew it. Even people here knew it. If you're going to do what they did in the sixties and break the law on purpose, you should expect what the civil rights protesters did -- getting harassed and losing court cases. It's time to man up, accept responsibility for your actions, and stop whining.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    21. Re:I think it should have gone to trial by Anonymous Coward · · Score: 0

      "First, no one can get through law school if they're an "idiot" or a "moron." "

      May I offer Jack Thomson as a counterexample? Apart from that, there is more than one sort of smart, and one very important sort is knowing what you don't know. The Haarlem Globetrooters are a great team but I wouldn't put them up against the Russian Ice hockey team. (playing icehockey)

      I agree that Tenenbaum was the main idiot, but he also seems to have had poor legal advice...someone should have told him to settle way back before the case.

  20. Next semester at Harvard Law School by blind+biker · · Score: 1, Interesting

    Probably a drop in enrollments.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  21. Re:obl. by MaskedSlacker · · Score: 2, Funny

    Ah, but they are new to this whole overlord thing. They've been underlords for so long that they're being a bit hamfisted about it too.

  22. I have a BETTER question... by denzacar · · Score: 3, Insightful

    Can we have a list of names of the people on "the legal team" for the defendant?

    From what we've seen it appears to that it may be prudent to avoid their legal counsel in the future.
    You know... the way you might want to avoid a leper colony of HIV positive fans with gonorrhea who also happen to have both avian and swine flu.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens
  23. Courts don't change the laws by v(*_*)vvvv · · Score: 1

    The guy admitted guilt under oath, no? And further lying under oath?

    There are laws against his actions that make them criminal/liable, and if he got off innocent just because this was an RIAA case with people backing his cause, then the justice system wouldn't be too stable now would it.

    I don't see any good fights to be won at this level, especially in US courts. If file sharing is illegal in this country, then the law needs to be changed, and doesn't that happen somewhere else? By precedent, blurry lines get sharper, but lines are still lines, and if he admits he crossed it, then he's wasting all of our time. Courts don't make the law. They don't even attempt to interpret it. They are there to enforce it. This beef needs to be taken elsewhere.

    And clearly the RIAA is picking their fights... I mean, come on.

    If you are caught sharing files at this scale, bankruptcy is your best line of defense. I say put your financial dreams on hold for about 5 years and feed your passion or travel.

  24. Hey, but maybe.... by blind+biker · · Score: 1

    [undying optimism] Maybe this is just a diversion maneuver, to lull the RIAA into complacence and passivity, while the defense team prepares a cunning and unexpected twist for an appeal which will create a precedent to end all precedents, thus neutering any and all RIAA cases, current and future? It's possible, right? It's just a ruse...?! [/undying optimism]

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    1. Re:Hey, but maybe.... by TaoPhoenix · · Score: 1

      We're talking about copyright, sometimes specifically music, right?

      So what happens when the organizations try to usurp content that is not theirs?

      Don't we just wheel this entire trial speech with MadLib(TM) names switched?

      "
      Timbaland ripped a track from demoscener
      Â on: January 13, 2007, 02:57:01 PM Â

      Ok, so here's the deal.
      A Finnish demoscener and tracker musician, Janne Suni aka Tempest/Damage, makes a 4-channel Amiga track called "Acid Jazzed Evening" for Assembly demoparty's oldskool music competition in 2000 and actually won the category. Then 6 years later, known producer Timbaland, who makes music for several known artists, ripped the track and it appeared on Nelly Furtado's track 'Do It' on her latest album 'Loose'."
      http://modarchive.org/forums/index.php?topic=488.0

      "Dear Timbaland. Did you or did you not ..."

      Suppose some RIAA studio gets sloppy and swipes a MeaslyArtist's entire 60 song set to remix and sell themselves on some dance box set "presumably with rights". At the size of these judgements, wouldn't that crush them?

      I know, they'd stall, etc. But Slashdotter's Gamer's Sense should be going off with that skewed of a ruleset. It's pleading to be broken like some infintite MTG combo.

      --
      My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  25. Re:Fuck em. Time to expatriate. by Hurricane78 · · Score: 1

    I recommend Estonia (great internet access, young president, etc.) or Switzerland (but I dunno if they would expel him).

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  26. What is your problem with Eastern Europe? by Anonymous Coward · · Score: 5, Insightful

    What is your problem with Eastern Europe? You think that we are worse because we used to be commie states? We did not want communism in our countries, the Yalta conference decisions forced us into soviet hands. And who made the Yalta treaty? Churchill, Roosevelt and Stalin. They have decided about us, without us. If someone is guilty for lower development level of Easter Europe, comparing to western, it's the big three. Western Europe received the Marshall plan help, while Soviets forced us to refuse this help. Commie days were in fact Soviet occupation, allowed by western states during the Yalta conference.

    1. Re:What is your problem with Eastern Europe? by moxley · · Score: 2, Informative

      That is quite insightful..

      To your astute political analysis, I add the following snippet of pop culture: Don't forget what Eastern Europe has done for modern porn; if not for Eastern Europe you'd all be watching the same tired women from the San Fernando Valley.

    2. Re:What is your problem with Eastern Europe? by schmiddy · · Score: 1

      What is your problem with Eastern Europe?

      I don't see anything insulting about Eastern Europe in the GP's post. Quite the contrary, he's suggesting moving there to escape the bloated corporatocracy that the US has become. Where you get sued into bankruptcy for downloading a few songs.

      --
      http://cltracker.net -- powerful craigslist multi-city search
    3. Re:What is your problem with Eastern Europe? by Anonymous Coward · · Score: 0

      All three were leaders of countries that had been devastated by World War II. All countries' industrial and commercial facilities were damaged in addition to a depletion of their next generation(i.e. the young men and women lost to the war). You want to fault three men for being weary of war? If Roosevelt and/or Churchill wanted to have a say in the ruling of the countries "given" to Stalin, it would probably have meant more war.

      In addition you wanted Churchill and Roosevelt to have the foresight to know what Stalin would eventually become, and therefore do to the people of the USSR? These men were supposed to be responsible for their own countries, each of which had finite resources just like any nation now, in the future, or in the entirety of human history. Stalin screwed up, Churchill and Roosevelt mostly did not. If anything it is a testament to the failures of ruling by the ideas of one person alone(Fascism/Dictatorship/Communism) v. the more effective reliance on the people to govern themselves(Democracy). Unfortunately this happens due the nature of humanity. We are not, nor ever will be all knowing and all-powerful, even at the best of times.

    4. Re:What is your problem with Eastern Europe? by intheshelter · · Score: 1

      That's EXACTLY what I'd expect an Eastern European commie lovin' pinko to say!!

      Sorry, the opportunity was there and I took it.

    5. Re:What is your problem with Eastern Europe? by linzeal · · Score: 1

      I like E. Europe, and in some ways a lot more than W. Europe. It seems the family unit is still strong in countries like Poland and the Czech Republic; whereas in Germany the past 2-3 generations have become increasingly alienated from the preceding ones. If you are going to actually expatriate it is important to choose a place where you can marry into the local population and raise a decent family.

    6. Re:What is your problem with eastern Europe? by LandruBek · · Score: 1

      Problem? What problem are you talking about? GP didn't dis eastern Europe, he advocated it. The only people he painted in an arguably bad light were drug-using tourists from the West.

      --
      $META_SIG_JOKE
  27. Stupidity of american legal system by unity100 · · Score: 3, Insightful

    excuse me. but there is NO other way of putting this. the reason for this shit is precisely american legal system's favoring the rich. got money ? you can outsue everyone even if you are higway bandits like riaa.

    i know a lot of you americans will be bullshitting about how good a legal system it is because you people generally dont think a world outside usa-uk-australia axis exists. but, it isnt. actually you are being screwed over because more money means more rights in america. just because you embrace the philosophy with four arms. american dream is full of promises. yet i bet not even 1% of you reading this have 'made' it as to be as rich as any patron of riaa. yet you STILL keep hugging it despite there are people screwing you through it.

    1. Re:Stupidity of american legal system by NewYorkCountryLawyer · · Score: 1

      excuse me. but there is NO other way of putting this. the reason for this shit is precisely american legal system's favoring the rich. got money ? you can outsue everyone even if you are higway bandits like riaa. i know a lot of you americans will be bullshitting about how good a legal system it is because you people generally dont think a world outside usa-uk-australia axis exists. but, it isnt. actually you are being screwed over because more money means more rights in america. just because you embrace the philosophy with four arms. american dream is full of promises. yet i bet not even 1% of you reading this have 'made' it as to be as rich as any patron of riaa. yet you STILL keep hugging it despite there are people screwing you through it.

      The way this case was handled; the way this case has proceeded; and what's resulted so far... all support your criticism.

      --
      Ray Beckerman +5 Insightful
    2. Re:Stupidity of american legal system by rohan972 · · Score: 1

      excuse me. but there is NO other way of putting this. the reason for this shit is precisely american legal system's favoring the rich.

      So in your country if you are poor you can admit liability when you are sued with no consequences? Where is that, and can you provide a citation?

    3. Re:Stupidity of american legal system by Tihstae · · Score: 1

      The way this case was handled; the way this case has proceeded; and what's resulted so far... all support your criticism.

      Wow Ray.

      I love reading your posts and getting your insight on these cases. But this sounds like you have lost all hope. I pray this isn't the case as you are one of the few that see that the legal system can fix this by following its own rules. Please don't lose the faith Ray.

    4. Re:Stupidity of american legal system by ari_j · · Score: 1

      Your argument is non sequitur. The American legal system is not without flaws, but it is not simply about buying justice. The American legal system is the only voice that some destitute people have. The problem with the RIAA cases is that Congress has enacted laws that impose statutory damages for copyright violations. The reason that was done was because it was historically impossible to prove actual damages if your short story was copied without license. It is still sensible for that reason, but in the RIAA cases it is arguably obsolete and capricious. The system of justice is not flawed simply because it is compelled by Congress to obey a statute that is.

    5. Re:Stupidity of american legal system by NewYorkCountryLawyer · · Score: 1

      I didn't say that the system is totally worthless. I said that the way this case has been handled provides fuel for such an argument. I.e., it has been a disgrace to the American judicial system.

      Don't worry about my morale. I don't look over horizons to see whether I'm going to win or lose. I just keep on fighting for what is right. I just do my best, unlike what the "joelfightsback" team did.

      --
      Ray Beckerman +5 Insightful
    6. Re:Stupidity of american legal system by NewYorkCountryLawyer · · Score: 1

      Your argument is non sequitur. The American legal system is not without flaws, but it is not simply about buying justice. The American legal system is the only voice that some destitute people have. The problem with the RIAA cases is that Congress has enacted laws that impose statutory damages for copyright violations. The reason that was done was because it was historically impossible to prove actual damages if your short story was copied without license. It is still sensible for that reason, but in the RIAA cases it is arguably obsolete and capricious. The system of justice is not flawed simply because it is compelled by Congress to obey a statute that is.

      I don't really agree with you. It's not just about the statutes, it's also about how litigation in the US is a rich man's game or a game for large corporations, except for certain specific exceptions, copyright not being one of them. The economic imbalance skews the outcomes so that the law is NOT being applied. I wrote an article for the ABA Judges Journal's "equal access to justice" issue, on this very point, entitled "Large Recording Companies vs. The Defenseless : Some Common Sense Solutions to the Challenges of the RIAA Litigations".

      It is a major factor that this defendant could not afford to hire legal counsel. He wound up with pro bono counsel virtually appointed by the Court, counsel who -- as it turned out -- had a private agenda which had nothing to do with simply getting the best result for this client.

      --
      Ray Beckerman +5 Insightful
    7. Re:Stupidity of american legal system by ari_j · · Score: 1

      I don't see that as a fundamental flaw in the system, though, which many people do. To the extent that litigation is a rich man's game, find ways to balance the playing fields. With competent, ethical counsel, I believe the field to be really quite balanced. Of course, I don't practice copyright litigation and could certainly be missing more of the picture than presented here. But from my perspective, competence is all it takes for the field to be balanced, modulo bad statutes.

    8. Re:Stupidity of american legal system by oldhack · · Score: 1

      Competent lawyers also need the money to execute competent defense, doesn't it. Come on, pull your head outta the hole.

      --
      Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    9. Re:Stupidity of american legal system by Anonymous Coward · · Score: 0

      Oh? Where do we find this uncorruptable legal system that's "outside usa-uk-australia axis", such that we may model it?

    10. Re:Stupidity of american legal system by Anonymous Coward · · Score: 0

      If we assume 1% of the people are "rich", your statement is false. 1% of the people reading this HAVE in fact made it.

    11. Re:Stupidity of american legal system by unity100 · · Score: 1

      yea. rich as in able to influence elections through money poured into lobby groups, rich as in able to sue the hell out of everyone unconstitutionally, rich as in able to buy laws from congress.

      excuse me, but you have no idea what 'rich' means.

    12. Re:Stupidity of american legal system by howlingmadhowie · · Score: 1

      Fiat justitia ruat caelum :)

    13. Re:Stupidity of american legal system by intheshelter · · Score: 1

      I won't argue about my fellow countrymen's myopic view of the world consisting of US-UK-AU. I do think you are mistaken in one area, that the legal system in your country or any other does not favor the rich. That part is the same the world over.

  28. Re:Fuck em. Time to expatriate. by Anonymous Coward · · Score: 0

    Not into conspiracy theories but if i were the RIAA I would pay some guys to lose a high profile case so that a precedent was put in place making all future lawsuits much easier.
    Something doesn't smell right in this case.

  29. Why not send a message of support by funkatron · · Score: 1

    Why not leave a message supporting Tenenbaum at 202-775-0101 (stick 001 in front of that to dial from the UK). The RIAA probably don't read slashdot.

    --
    "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
  30. Re:You've Got To Admit The RIAA's Strategy is Work by Pranadevil2k · · Score: 1

    I don't think they pick and choose who to sue so much as hoping that when they do sue the wrong people they can be intimidating enough to strongarm them into a settlement.

  31. I have to wonder... by Girtych · · Score: 3, Interesting

    Usually I'm not one for conspiracy theories, but what if he was bribed to essentially throw his own case in order to set some kind of legal precedent? I mean, it takes a special, special brand of stupid to plead guilty in circumstances like these. I honestly wouldn't put it past the RIAA to pull something like that, considering their track record (MediaSentry's constant flouting of the law comes to mind).

    1. Re:I have to wonder... by ScrewMaster · · Score: 1

      I mean, it takes a special, special brand of stupid to plead guilty in circumstances like these.

      Don't let his counsel off the hook either: seems to me he should have been much better prepared before giving any testimony.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:I have to wonder... by NewYorkCountryLawyer · · Score: 2, Interesting

      Usually I'm not one for conspiracy theories, but what if he was bribed to essentially throw his own case in order to set some kind of legal precedent? I mean, it takes a special, special brand of stupid to plead guilty in circumstances like these. I honestly wouldn't put it past the RIAA to pull something like that, considering their track record (MediaSentry's constant flouting of the law comes to mind).

      While I don't really in my heart of hearts believe that there was some kind of dastardly collusion like that, if you asked me to put together an argument to that effect I would have an overabundance of source material with which to make my case.

      I would go back to early 2008, when Judge Gertner decided that out of the hundreds of RIAA cases over which she's presided, this one -- the one where the defendant actually admitted to having done the file sharing he's accused of -- is the one that was worthy of having pro bono counsel appointed.

      --
      Ray Beckerman +5 Insightful
    3. Re:I have to wonder... by rohan972 · · Score: 1

      Usually I'm not one for conspiracy theories, but what if he was bribed to essentially throw his own case in order to set some kind of legal precedent?

      The legal precedent that if you are sued and you admit liability you lose the case is well established in every jurisdiction. There was no need for bribery to establish that. If there is a conspiracy, it would be for the purpose of the media headlines, ie: propaganda value instead of legal value.

    4. Re:I have to wonder... by westlake · · Score: 1

      Usually I'm not one for conspiracy theories, but what if he was bribed to essentially throw his own case in order to set some kind of legal precedent? I mean, it takes a special, special brand of stupid to plead guilty in circumstances like these.

      The judge came damn close to ruling that - as a matter of law - Tenenbaum's defense was dead on arrival. Leaving the conspiracy theorist no choice but to throw his attorneys into the pot.

      Then there is the small - but risky business - of admitting to lying under oath in the pre-trial proceedings.

       

  32. Cum Laude by Anonymous Coward · · Score: 1, Informative

    Law school?
    We don't need no stinking law school!

    Ray Beckerman probably has a multitude of reasons for choosing his nickname but it won't be for lack of a degree as you can see from his short biography he not only has a degree but cum laude acclamation as well. Also it indicates he did follow the path of Lincoln somewhat in that he worked his way through night school at a law firm, which might have a bit to do with his choosing that handle.

    Oh and he has admitted in the past that he has gained a bit of an education here as he sought to learn more about computers and networking to improve his ability to defend his client via preventing the RIAA filling the court's ear with false and improper "facts" unchallenged. He has taught us many things as well.

    1. Re:Cum Laude by ScrewMaster · · Score: 2, Funny

      Also it indicates he did follow the path of Lincoln somewhat in that he worked his way through night school at a law firm, which might have a bit to do with his choosing that handle.

      That may very well be true, but Lincoln was taller.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Cum Laude by catmistake · · Score: 1

      I wasn't commenting on NYCL's credentials, merrly pointing out that one does not need a law degree to practice law. The U.S. set the international standard for the J.D. curriculum, and it is a professional degree, not an academic one, yet most everyone who meets a J.D. looks up at those framed degrees as though the holder were a wise and learned scholar. Yet a law student, more, even a law graduate, is no academic scholar, nor even, and this is critical, a lawyer. A lawyer is one who practices law as a member of the legal profession's guild or union... or association they call the Bar. Once you are a member, afa practicing law is concerned, it doesn't matter how you got there.

    3. Re:Cum Laude by NewYorkCountryLawyer · · Score: 3, Informative

      Ray Beckerman probably has a multitude of reasons for choosing his nickname but it won't be for lack of a degree as you can see from his short biography [beckermanlegal.com] he not only has a degree but cum laude acclamation as well. Also it indicates he did follow the path of Lincoln somewhat in that he worked his way through night school at a law firm, which might have a bit to do with his choosing that handle.

      Working in a law firm while attending law school was definitely a key factor in my legal training; the interaction between the two experiences was truly remarkable, and I would recommend it to anyone contemplating law school. It has nothing whatsoever to do with my choice of the Slashdot handle "NewYorkCountryLawyer". I chose that because I like to think of myself as a "country lawyer", albeit one stuck -- by the nature of his practice -- in a big city. To me, a country lawyer is a lawyer who uses common sense, cares about his clients, and conducts himself honorably first and foremost, because he wants to be able to hold his head up in the community. When I chose the name I was thinking of Sen. Sam Ervin, who famously introduced himself as "just a country lawyer", immediately before proceeding to bring the entire "tricky" Nixon administration to justice.

      Oh and he has admitted in the past that he has gained a bit of an education here as he sought to learn more about computers and networking to improve his ability to defend his client via preventing the RIAA filling the court's ear with false and improper "facts" unchallenged.

      Most decidely I have learned much on Slashdot, of many things.

      He has taught us many things as well.

      Thank you.

      --
      Ray Beckerman +5 Insightful
    4. Re:Cum Laude by Anonymous Coward · · Score: 0

      Working in a law firm while attending law school was definitely a key factor in my legal training; the interaction between the two experiences was truly remarkable, and I would recommend it to anyone contemplating law school.

      That fact just there should be true for all kind of studies.

      This is one of the things that people in Slashdot always say, the time-in-school value is overrated for *real life* work.

      A good friend of mine also also studied Law while he was working in a "buffet" (called like that in Mexico). According to what he tells me, being in the "real world" tells you what you really must do in order to help your client.

      When I started reading about this case in which the lawyer is a Prof. at a University, I was very skeptical of the ability of the Prof. to handle the case.

      I myself [no ego trip, I actually have a poing] have a Bachellors in Software Engineering, and worked about 2 years in the industry before doing my MsC and PhD in Computer Science. Right now I am in the right "path" to what you would need to do to get a "Professorship" (doing a Postdoc). However, I would never dream of having the knowledge to develop a commercial software application (say, a Restaurant Point of Sale). There are a lot of "real world" details which people in academia just do not see (and should not see pay attention by definition).

      ~xtracto [anon because I have modded]

    5. Re:Cum Laude by AK+Marc · · Score: 1

      I wasn't commenting on NYCL's credentials, merrly pointing out that one does not need a law degree to practice law.

      That is incorrect. Every bar association I know of requires a law degree now. And every state I know of requires that a lawyer be a member in good standing of the bar. Thus, though there are some that became a member before the new rules, I know of no area where someone without a law degree who is not a member of the bar can practice law or join the bar to be allowed to practice law, even if they were to take and pass the bar exam.

    6. Re:Cum Laude by catmistake · · Score: 1

      That is incorrect. Every bar association I know of r... And every state I know of

      Actually, it is correct.

      I know of no area where someone without a law degree who is not a member of the bar can practice law or join the bar

      Did you read that before you submitted it? You have to be a member of the bar BEFORE you're a member of the bar?

      What I said was all that was necessary to practice law was to be a member of the (state or federal) bar association. And this is true. Most bar associations require a law degree to sit for the bar exam. But several don't. If you meet their requirements (which do not necessarily require having a J.D.) and can sit for and pass the exam... you can become a member and then can legally practice law (without the J.D.) in these jurisdictions.

      And you should really check out California, Maine, New York, Vermont, Virginia, Wyoming and Washington, if you, indeed, have never heard of these places.

    7. Re:Cum Laude by AK+Marc · · Score: 1

      I know of no area where someone without a law degree who is not a member of the bar can practice law or join the bar

      Did you read that before you submitted it? You have to be a member of the bar BEFORE you're a member of the bar?

      Person who 1) has no law degree, and 2) is not already a memeber of the bar may neither join the bar nor practice law. I don't see where the confusion is. If you have no law degree and have never been a member of the bar, you may not join the bar or practice law. The statement is clear and correct for the vast majority of states.

      What I said was all that was necessary to practice law was to be a member of the (state or federal) bar association.


      No, you said, "one does not need a law degree to practice law" and that is incorrect for 43 of the 50 states. I have looked this up in a number of states previously, but haven't run across any of those seven yet, so I didn't realize that there were any left where you didn't have to have a degree. In the good ol' days, none of them required a law degree. However that has now changed to where nearly all require it. That I'm only right for 43/50 states is consistant with my statement that it is an unusual practice these days.

    8. Re:Cum Laude by catmistake · · Score: 1

      Person who 1) has no law degree, and 2) is not already a memeber of the bar may neither join the bar nor practice law. I don't see where the confusion is

      its in 2. :
      "Person who ... is not already a member of the bar may [not] join the bar"
      or, from the original:
      "I know of no area where someone ... who is not a member of the bar can ... join the bar"

      No, you said, "one does not need a law degree to practice law" and that is incorrect for 43 of the 50 states

      You need a logic course. Even if there were only a single courthouse in all the universe where a lawyer may practice law without a degree, the statement "You do not need a law degree to practice law" would still be true... everywhere in the universe. Just because the statement is true everywhere doesn't mean that you can practice law (sans degree) everywhere.

      So, to rehash, even in all 50 states this is a true statement: "one does not need a law degree to practice law."
      now, if the statement was "one does not need a law degree to practice law in a state where the bar association requires a law degree to sit for the bar exam," that would be fallacious.

    9. Re:Cum Laude by AK+Marc · · Score: 1

      "I know of no area where someone ... who is not a member of the bar can ... join the bar"

      "... without a law degree" You must join the bar to practice law. If you don't have a degree, you may not join the bar. However, as far as I know (and you know that's only 43/50ths correct) anyone that was admitted to the bar without a law degree may practice law without a degree, even if they would be inelligible to join the bar today. That's the distinction I'm making, and my wording was necessary for that distinction. So yes, you can't join the bar if you aren't already in the bar (and have no law degree). But if you were already in, even without a law degree, you should be able to continue practicing without meeting the requirements of new members.

      So, to rehash, even in all 50 states this is a true statement: "one does not need a law degree to practice law."

      I can't practice law in Alaska without a law degree. It's illegal. I must join the bar, and I am inelligible to do so without a law degree, so I am barred from practicing law. And thus, your statement is incorrect.

    10. Re:Cum Laude by catmistake · · Score: 1
      You need a logic course.
      I might be pedant, but you're not at all accurate.

      You must join the bar to practice law. If you don't have a degree, you may not join the bar.

      I have givin links proving otherwise. Unless you add to that statement "in such and such jurisdiction, where it is required," your statement is false. Its not 43/50th correct, that has little meaning. Its either T or F.

      That's the distinction I'm making, and my wording was necessary for that distinction.

      Your wording is muddled, and as I pointed out twice, contains a double negative.

      So yes, you can't join the bar if you aren't already in the bar (and have no law degree).

      Again, your statement is FALSE. It is false everywhere. btw, what you mean to say is:
      IF
      [ (you aren't already in the bar) AND (have a law degree) ]
      THEN
      you can't join the bar
      and this is false, too (see the link above).

      I can't practice law in Alaska without a law degree. It's illegal. I must join the bar, and I am inelligible to do so without a law degree, so I am barred from practicing law. And thus, your statement is incorrect.

      Even if you are in Alaska, the statement one does not need a law degree to practice law is a true statement. Even if you are in Alaska, you may still practice law without a degree in California, Maine, New York, Vermont, Virginia, Wyoming and Washington.

      I'll highlight this again because it's painfully evident:
      You need to take a course in logic.

    11. Re:Cum Laude by AK+Marc · · Score: 1

      I have givin links proving otherwise.

      I am clarifying the original statement as written.

      Your wording is muddled, and as I pointed out twice, contains a double negative.

      And, when parsed, has one and only one sensible meaning, and that meaning is exactly what I meant.

      IF [ (you aren't already in the bar) AND (have a law degree) ] THEN you can't join the bar and this is false, too (see the link above).

      That is what I said, but you didn't manage to say it in English. If you had tried, it would have looked like what I wrote, or would have taken multiple sentences. I was concise and unambiguous.

      Even if you are in Alaska, the statement one does not need a law degree to practice law is a true statement. Even if you are in Alaska, you may still practice law without a degree in California, Maine, New York, Vermont, Virginia, Wyoming and Washington.

      If you are in Alaska, you can't be practicing law in New York.

      You need to take a course in logic.

      Look who's talking.

  33. Buy me once, buy me twice by flaptrap · · Score: 1

    Let's see, buy 30 songs, pay $29.70. Share 30 songs, pay $675,000. After, that is, they were already bought and paid for. Or didn't the defense have the RIAA prove otherwise?

    The defense lawyers are not acting with a consistent philosophy. Just why ask the public with no desire to pay the RIAA to suddenly pay them? Bankruptcy, of course, stays litigation and a discharge in bankruptcy would make any appeal moot.

    One point missed throughout is that copyright has historically protected publication, you can write a letter and copy a few lines, you can read it to your friends or colleagues, you can tear a page out of a book and send it around the world or put it in a window for all to see, but you just can't reprint the book and sell it as if it were the original. Is someone pretending to be selling something here without being licensed to do so?

    If you buy a song, you buy the right to play it, otherwise it is useless. You have the right to put it in your car and crank up the volume, for all to hear, but according to the RIAA you can't play it for your online friends.

    Okay, people, create your original music and video and put it on p2p, and when the RIAA downloads it, send them a bill.

    Make them pay for snooping on you.

    1. Re:Buy me once, buy me twice by Lemming+Mark · · Score: 1

      You have the right to put it in your car and crank up the volume, for all to hear, but according to the RIAA you can't play it for your online friends.

      At least in the UK you have to have a license to play music in a shop or a workplace, otherwise the British media bodies come calling :-(

      Evidence from the road by my house suggests that cranking up the volume in your car is still acceptable though ;-)

    2. Re:Buy me once, buy me twice by RedK · · Score: 1

      You're 12 right ? At least, you think and act like a 12 year old. Sharing a file to millions of people around the globe is the same thing as cranking up the volume in your car in traffic ? Of course it isn't, and that defense would fly about as well as Tennebaum's defense in a court room. One is fair use, the other is mass unlicensed distribution.

      --
      "Not to mention all the idiots who use words like boxen."
      Anonymous Coward on Monday August 04, @06:49PM
  34. Alternate Headline: by mouseblue · · Score: 1

    "Tenenbaum Now Eating His Hat "

  35. handling the case competently by nurb432 · · Score: 1

    Why? The lawyers get paid even if they lose, so where is the incentive?

    --
    ---- Booth was a patriot ----
    1. Re:handling the case competently by BobSixtyFour · · Score: 1

      This case had pro-bono lawyers working for free for the defendant.

  36. RIAA who are in fact completely innocent by nurb432 · · Score: 1

    It doesn't matter, they are still evil and should be rallied against and taken down.

    --
    ---- Booth was a patriot ----
  37. So everyone charged is guilty? by thedirektor · · Score: 1

    ...then I'd rather just use it to buy the songs legally, which makes the whole issue moot.

    No it doesn't!

    You are pressuming that everyone charged is guilty. Thats a pretty bad attitude!

    Wait until someone cracks your network or computer to do something illegal and you'll think twice about statements like that.

    This beeing slashdot you should know what the current state of computer and network security (especially wireless networks) is.

    1. Re:So everyone charged is guilty? by commodore64_love · · Score: 1

      I saw some guy donated $250 towards the cause.

      All I meant was that I'd rather spend the $250 on myself, rather than a stranger. $250 would buy my favorite songs over nearly the whole decade, such that I need not fear RIAA.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:So everyone charged is guilty? by Golddess · · Score: 3, Insightful

      such that I need not fear RIAA.

      Again, you completely miss the point. You are basically saying "I'm innocent so have nothing to fear from the RIAA" which implies that you believe that the RIAA only goes after the guilty, and that just isn't true.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    3. Re:So everyone charged is guilty? by AnonymousIslander · · Score: 1

      I saw some guy donated $250 towards the cause.

      All I meant was that I'd rather spend the $250 on myself, rather than a stranger. $250 would buy my favorite songs over nearly the whole decade, such that I need not fear RIAA.

      So bury your head in the sand and everything's gonna be alright, eh? Fat chance - just because you haven't done anything wrong doesn't mean you have a 100% guarantee that you'll never be accused. It's times like these that I remember this important poem by Martin Niemoller: First they came for the Socialists, and I did not speak out -- Because I was not a Socialist.

      Then they came for the Trade Unionists, and I did not speak out -- Because I was not a Trade Unionist.

      Then they came for the Jews, and I did not speak out -- Because I was not a Jew.

      Then they came for me -- and there was no one left to speak for me.

      Unless everyone (including those who aren't being targeted by the RIAA et al.) is willing to speak out in support of those being inappropriately targeted and against such injustices then the bullshit theatre taking place in US courtrooms (and elsewhere slowly but surely) and the industry growing up based on it will simply continue..

    4. Re:So everyone charged is guilty? by commodore64_love · · Score: 1

      (sigh)

      One more try - All I meant was that I'd rather spend the $250 on myself, like buying a new flat-screen television, or an HD Radio for my car, or hiring a hooker.

      And yes I see your point too, that I might get targeted by RIAA even if I'm innocent, but I think I'd win the case when I walk-in with my 1000-CD and 500-singles collection and ask the question, "What stolen songs? I've done my share to support the artists."

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    5. Re:So everyone charged is guilty? by commodore64_love · · Score: 1, Flamebait

      P.S.

      Dear NewYorkCountryLawyer:

      I don't appreciate your tone towards these people (calling them "incompetent" et cetera). If I recall correctly the team was led by a law school professor, who I presume has the same intelligence as the professors who taught you & took you from being a know-nothing student to a professional. In my humble opinion it isn't proper to be insulting a lawschool professor.

      Yes they lost the case, but do you really think you would have been able to win? If yes, then maybe you should have stepped forward to do the job, rather than sit on your ass and be the lawyerly-equivalent of a movie critic or Monday-morning quarterback.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    6. Re:So everyone charged is guilty? by Anonymous Coward · · Score: 0

      He was a law school professor, not a professional litigator. I have been practicing law for 3 years and can point to obvious mistakes they made. They acted incompetently. Even if the case was unwinnable, they still didn't tee up the issues properly for appeal. Don't get pissed at NYCL for pointing it out.

    7. Re:So everyone charged is guilty? by ishobo · · Score: 1

      Incorrect. Charles Neeson has 30 years of litgation experience. That does not excuse his defense. Look at John Yoo as an example.

      --
      Slashdot - The great and glorious cluster fuck of Internet wisdom.
    8. Re:So everyone charged is guilty? by Simon80 · · Score: 1

      I would have modded this troll or something, but it's at a 3 right now so I'm going to chime in. Defending someone takes time and effort, and perhaps NewYorkCountryLawyer can't be everywhere at once, seeing as how he is already defending other cases.

      Also, the legal defense in this case tried to argue that exchanging copyrighted content was fair use and thus not an infringement, which is clearly a crazy defense given the courts' tolerance of RIAA antics in the past. He then got his client to admit his guilt on the stand, and is now giving up on the case. As previous replies have stated, this is incompetent.

    9. Re:So everyone charged is guilty? by commodore64_love · · Score: 1

      >>>NewYorkCountryLawyer can't be everywhere at once, seeing as how he is already defending other cases.

      Okay then. Well if NYCL loses one of these cases, is that Harvard lawschool professor allowed to come here to slashdot, post a front-page article, and call NYLC "incompetent" and "apparently they don't teach competence in SUNY lawschool". Would that be allowed?

      I suspect not. In fact I bet NYCL would be the first to cry foul, even though he did it to the professor first.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    10. Re:So everyone charged is guilty? by Simon80 · · Score: 1

      It really depends on what was done to lose the case.

  38. True but his lawyers are supposed to prep him by NotSoHeavyD3 · · Score: 2, Insightful

    So he knows what to say to pretty much every question the other side is going to ask. The defendant shouldn't be thinking, he should just be repeating whatever pat answers his lawyer has worked with him to be the "proper" answer. (I'm not saying perjury but you can prep people to say stuff that wouldn't be that damaging while not actually lying.)

    --
    Did you know 80 to 90% of the moderators on slashdot wouldn't recognize a troll even if one dragged them under a bridge.
  39. NYCL, silent???? by Mathinker · · Score: 2, Interesting

    Look, commodore64_love, NYCL maintains a fairly high-profile blog which includes a lot of "practice tips" for lawyers defending cases like this. I think it's silly that you're accusing him of being "silent", just because Joel's lawyer didn't feel like using the resources that NYCL is providing.

    I have noticed that NYCL isn't posting/making the front page of Slashdot as much recently, but that I believe was because of backlash complaints about the volume of articles he had previously, when he would post about various legal happenings which sprang up in the running of these trials. The last one I remember was when he informed us that RIAA's lawyers were threatened with being sanctioned, which for him, as a lawyer, is a big, big deal --- but the reaction of most of the Slashdot geeks was, "yawn --- what's so important? stop bothering us about every little thing".

    1. Re:NYCL, silent???? by commodore64_love · · Score: 1, Insightful

      Look.

      I'm just annoyed at NYCL's rude summary comments - "incompetent-apparently they don't teach [competence] at Harvard law school." I don't care if NYCL is the foremost authority on copyright cases, because I still consider it unprofessional. And juvenile. Just like I said in my first post.

      We're not going to win anything if the anti-RIAA, pro-public domain lawyers fight amongst themselves like immature teenagers.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:NYCL, silent???? by Anonymous Coward · · Score: 0

      Look.

      I'm just annoyed at NYCL's rude summary comments - "incompetent-apparently they don't teach [competence] at Harvard law school." I don't care if NYCL is the foremost authority on copyright cases, because I still consider it unprofessional. And juvenile. Just like I said in my first post.

      We're not going to win anything if the anti-RIAA, pro-public domain lawyers fight amongst themselves like immature teenagers.

      Tenenbaum's "lawyers":

      1. Based their entire "defense" on a theory they pulled out their a rectal databases.
      2. When that "defense" was rightfully flushed, they had NO fallback.

      That seems to meet even a strict interpretation of the word "incompetence".

      Typical wackademics. Think they know everything, they venture out into the real world, and get bitch slapped by reality.

      I see the same all the time in programmers coming out of college, as I do high-end software consulting to pay the rent:

      "This is how I was taught in grad school to do this."
      "Were you taught that it's five orders of magnitude slower and because of overuse of new/delete/malloc/free effectively single-threaded through the heap? No? I thought not."

      Well, I suppose it's nice to know that existing orthogonal to reality isn't limited to Comp Sci faculty.

    3. Re:NYCL, silent???? by NewYorkCountryLawyer · · Score: 2, Interesting

      Look, commodore64_love, NYCL maintains a fairly high-profile blog which includes a lot of "practice tips" for lawyers defending cases like this. I think it's silly that you're accusing him of being "silent", just because Joel's lawyer didn't feel like using the resources that NYCL is providing.

      Thank you for noticing. I don't think the "joelfightsback" team paid as close attention.

      I have noticed that NYCL isn't posting/making the front page of Slashdot as much recently

      True

      but that I believe was because of backlash complaints about the volume of articles he had previously

      Not really. It's because I haven't been submitting as many. I just haven't had that many stories come to my attention which I feel are Slashdot-worthy. E.g., Prof. Nesson being denied the right to interpose a defense because he's about 8 months late in pleading it, or Prof. Nesson being denied the right to offer an expert witness because he missed the deadline by 3 months, are not -- in my opinion -- newsworthy events.

      --
      Ray Beckerman +5 Insightful
    4. Re:NYCL, silent???? by Anonymous Coward · · Score: 0

      ...

      Not really. It's because I haven't been submitting as many. I just haven't had that many stories come to my attention which I feel are Slashdot-worthy. E.g., Prof. Nesson being denied the right to interpose a defense because he's about 8 months late in pleading it, or Prof. Nesson being denied the right to offer an expert witness because he missed the deadline by 3 months, are not -- in my opinion -- newsworthy events.

      Maybe you should have.

      Then Mr. Tenenbaum might have known how badly his interests were being represented.

      Sure seems to me that Mr. Tenenbaum's lawyers put their personal agendas before their client's best interests.

    5. Re:NYCL, silent???? by RIAAShill · · Score: 0, Troll

      I'm just annoyed at NYCL's rude summary comments - "incompetent-apparently they don't teach [competence] at Harvard law school." I don't care if NYCL is the foremost authority on copyright cases, because I still consider it unprofessional. And juvenile. Just like I said in my first post.

      I agree. The fact is, the file-sharing cases that actually make it to trial are pretty much loser cases for the defendants. It doesn't matter how competent your lawyer is if the facts are against you. (Actually, and sadly, an incompetent/unethical lawyer who helps make a mess of discovery may provide an edge compared with a competent/ethical lawyer who simply tries to provide the best defense possible).

      Would it have made any difference in this case if Tenenbaum's lawyers had objected to the question about liability? Probably not. It was really just a follow-up to questions that showed that yes, he was liable. The judge still could have (and probably would have) removed the question of liability from the table given the evidence against Tenenbaum.

      Even if the judge had given the question of liability over to the jury, it seems inconceivable that this jury, which found Tenenbaum liable for much more than the minimum amount, would have found him innocent.

      NYCL's commentary regarding the competent of Tenenbaum's counsel is inconsiderate, unnecessary, and unproductive.

    6. Re:NYCL, silent???? by NewYorkCountryLawyer · · Score: 2, Insightful

      Interesting that the pro-RIAA people are the ones so 'offended' by my 'inconsiderate' commentary on defendant's lawyers' work.

      --
      Ray Beckerman +5 Insightful
    7. Re:NYCL, silent???? by RIAAShill · · Score: 1

      Interesting that the pro-RIAA people are the ones so 'offended' by my 'inconsiderate' commentary on defendant's lawyers' work.

      A lawyer has an ethical obligation of competence. I take issue with the slipshod use of remarks that equate to calling a member of the profession unethical, regardless of who they are aimed at. It seems like a decent professional courtesy to avoid publicly bashing members of the profession unless it is imperative to do so.

      There are lawyers out there who are clearly unethical. Doesn't it seem like a good idea to focus attacks against them rather than on those whom we disagree with or whom we think are less skilled then ourselves?

    8. Re:NYCL, silent???? by NewYorkCountryLawyer · · Score: 2, Funny

      Well like you say, you're an "RIAA Shill".

      --
      Ray Beckerman +5 Insightful
    9. Re:NYCL, silent???? by RIAAShill · · Score: 1

      Well like you say, you're an "RIAA Shill".

      Does it matter what I choose to call myself in this forum? For that matter, does it matter whether I am for or against the RIAA? If you're in the courtroom against an RIAA lawyer and he or she says that breathing air is good, are you going to argue that it is better to breath water?

      I apologize for being ridiculous, but the point I was trying to make really is independent of whatever positions I may have (BTW, you did click on that second link, didn't you?).

      You should also take a look at the first sentence in the Wikipedia entry for shill. Then smile at the paradox represented by this handle.

    10. Re:NYCL, silent???? by NewYorkCountryLawyer · · Score: 3, Interesting

      When I'm practicing law, my appraisal of the mistakes of my adversary is not something I would discuss; I am there to point out the law and the facts and to advocate on the basis of the law and the facts. If my adversary has made a mistake, so be it, but there is not much to be gained in pointing out to the Court that the other side has inferior representation.

      When, on the other hand, I am a blogger or other commentator writing about legal events, it comes up from time to time -- more so in this case than in any other case upon which I have reported -- to mention omissions or mistakes by counsel and/or by judges. Were I to exercise a "professional courtesy" and refrain from pointing them out, I would be betraying the trust of my readers.

      If you really care to understand, you need to separate the practice of law from the practice of journalism.

      I have one frequent critic who loves to disingenuously cross the line between the two in mounting his attacks; I hope you are not he.

      --
      Ray Beckerman +5 Insightful
    11. Re:NYCL, silent???? by RIAAShill · · Score: 1

      ...Were I to exercise a "professional courtesy" and refrain from pointing them out, I would be betraying the trust of my readers.

      If you really care to understand, you need to separate the practice of law from the practice of journalism.

      That's an interesting way to look at it. Although I suspect that many of your readers do not distinguish Ray Beckerman, attorney at law, from NewYorkCountryLawyer, journalist quite as distinctly as you do. Most of your readers probably see you as a lawyer/blogger, representing both practices with every commentary. Thus, when they see comments like "I would suggest there might have been a much better way of avoiding bankruptcy. It's called 'handling the case competently'", they probably don't see this as just a journalistic critique but as a professional critique too.

      If Tenenbaum's lawyers had done everything perfect, what do you think his chances really would have been, assuming it went to a jury? (Yes, I am precluding the argument that if they had done everything perfect then it never would have gotten to a jury). A lot can happen in a jury deliberations; one can lose even a very well argued case with favorable facts.

      I have one frequent critic who loves to disingenuously cross the line between the two in mounting his attacks; I hope you are not he.

      I doubt I am your unnamed nemesis. I'm not even really critiquing you here. Instead, I'm critiquing your critique of Professor Nesson, et al. because I think you are capable of identifying and communicating errors without using inflammatory rhetoric.

      Then again, I'm prone to using inflammatory adjectives such as "inconsiderate," "unproductive," "unnecessary," and "slipshod," so perhaps I am unfairly trying to hold you to a higher standard than I personally have attained.

    12. Re:NYCL, silent???? by ishobo · · Score: 1

      Think they know everything, they venture out into the real world...

      Charles Nesson is an experienced litigator. Do you think law professors sit in class all day? No, they do scholarly research and litigate.

      --
      Slashdot - The great and glorious cluster fuck of Internet wisdom.
    13. Re:NYCL, silent???? by ishobo · · Score: 1

      What NYCL does is no different than the legal analysis on TV or in print.

      --
      Slashdot - The great and glorious cluster fuck of Internet wisdom.
    14. Re:NYCL, silent???? by bluefoxlucid · · Score: 1

      Sure seems to me that Mr. Tenenbaum's lawyers put their personal agendas before their client's best interests.

      THAT is grounds for disbarring. You know that, right?

    15. Re:NYCL, silent???? by commodore64_love · · Score: 1

      >>>NYCL's commentary regarding the incompetency of Tenenbaum's counsel is inconsiderate, unnecessary, and unproductive.

      Precisely.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    16. Re:NYCL, silent???? by commodore64_love · · Score: 1

      Interesting that the pro-RIAA people are the ones so 'offended' by my 'inconsiderate' commentary on defendant's lawyers' work.

      All this does NYLC is demonstrate more unprofessionalism.

      BTW I'm not pro-RIAA. Although I support the idea of copy licenses, I think they should expire seven*2 years after submission. And I don't think people should be fined $150,000/song just because they recorded a song off the radio.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  40. Declare bankrupty by Dan667 · · Score: 1

    Don't give the RIAA a penny.

  41. Don't contribute by DarkOx · · Score: 1

    If you contribute you are just handing money to the wrong side that will be used to persecute (not prosecute) the next victim. NYCL is right the case could have been handled differently and while we don't know everything I do think we know enough to say it should have.

    I feel for the defendants, I really do but bankruptcy law is there to protect them. Bankruptcy is something everyone naturally wants to avoid if they can but the rest of us need to keep in mind the bankruptcy is a way out of trouble for people that are already in too deep.

    The defendants have already had their lives ruined by the RIAA, making theirs a little less sucky at the expense of helping the RIAA do it to someone else; is not noble cause.

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  42. Man, fuck this guy by Junior+J.+Junior+III · · Score: 1

    Copyright reform is so badly in need of reform, and this is what we get?

    I had high hopes for this case when I first heard of it, but it has turned out worse than I could have possibly imagined, with the Harvard lawyer stepping in to lend a hand pro bono, and all the talk of expert witnesses. But it seems that the judge had it in for the defense, and wouldn't allow them to present the case they wanted, disallowed most of the expert witnesses they talked about calling to the stand, and quashing the Fair Use argument. Then, the defendant commits legal suicide by admitting that he had done what he was accused of, AND admitted to lying about it.

    Now he wants people to feel sorry enough to help him pay it off? After this case, it'll only be harder for someone with competent legal counsel to fight the law in the hopes of getting it changed.

    To quote Jay and Silent Bob, Fuck Tenenbaum. Fuck him in his stupid ass. And fuck the lawyer he rode in on. Unless you actually downloaded a file for him, don't give this idiot a cent. He hasn't done a thing to earn it.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
  43. "of *those* recordings"? by Mathinker · · Score: 1

    I think you're talking about SoundExchange, formerly a division of the RIAA. They collect fees for public performance of sound recordings, not from buying CDs or MP3s. The money is distributed to the copyright holders owners of those recordings (usually the record companies).

    If they work things at SE like at ASCAP/BMI, then the total mass of income from payments to them is simply distributed percentage-wise based on some kind of statistical sampling. In a way which is not transparent to the artists. I rather doubt that "long-tail" RIAA artists see anything even if they get played O(1) times (and obviously, indie artists couldn't possibly receive anything).

    Maybe someone should ask Janis Ian about it, though. Might be interesting to get at least one real data point.

  44. The outcome is exactly what should have happened-- by Anonymous Coward · · Score: 0

    Regardless of how incompetent the judge, jury, lawyers, witnesses and observant squirrels were, this outcome is what should have happened.

    I'm sick to death of people feeling sorry for the stupid people who think they can go and illegally download music (knowing they do it) and then illegally make it available for anyone else to grab from their version of the illegally downloaded music. Just where do you get sympathy for this guy? What did he ever do that makes you feel sorry for him? Did he do something honorable by making it easier for everyone else to download his illegal music? I mean, MAYBE if he had actually PAID for something you could argue that he had the right to make the music available, but he didn't even pay anything for it.

    My opinion is that right now, we all know what the terms and conditions are when we buy music. It's a license to use the music, it's not buying the music. If you don't like those terms, just don't buy it. But stop whining about how you're being wronged. You have a choice, but you're too damned cheap to make the right one.

  45. Punitive damages? by Inf0phreak · · Score: 1

    It is my understanding that bankruptcy won't save you from punitive damages? If so (and assuming that there are punitive damages in this case which seems likely) doesn't that pretty much condemn him to life on the street if he doesn't find a way to vanish?

    --
    ________
    Entranced by anime since late summer 2001 and loving it ^_^
  46. Actually true, even if funny by Mathinker · · Score: 1

    Geeks are a relatively small percentage of all filesharers, so the GP is actually correct. Just for the wrong reason.

    Although you have to admit that percentage-wise, there are more geeks capable of not getting caught than ordinary people. Unfortunately, this has insignificant effect compared to the reason I stated above.

  47. Luck of the judge by Mathinker · · Score: 1

    > What other arguments did these lawyers miss that a "good lawyer" wouldn't
    > have missed? None that would be outcome-determinative, as far as I can see.

    I'm glad that you are such a good lawyer.

    Frankly, I believe a lot of NYCL's legal points are substantive, and a lot more convincing than the far-out theories of Joel's lawyer, who wanted to rely on a fair-use defense.

    On the other hand, I can't figure out how each judge seems more clueless than the previous one. They don't even seem to listen to each other's opinions. In Jammie Thomas's case, the first judge threw out the decision based on his improperly instructing the jury. But then the second trial's judge totally ignored the reasoning of the first trial judge when he instructed the jury in the second trial.

    Which leads me to believe, that even if NYCL and Louis Nizer were defending you, it's largely a matter of luck what would happen. A great reflection on our legal system, eh?

  48. funny.. by SuperDre · · Score: 1, Insightful

    It's funny to read all those law-experts here at Slashdot who think they are better at knowing/practising law... It's hard to defend someone if what he did is actually against the law.. You may not agree with it because of your own personal reasons (being that if they start going after fileshares in a big way you will be screwed too), but that doesn't mean all those people (judges and lawyers) are idiots, they know more about law than any of you..

  49. How about... by Anonymous Coward · · Score: 0

    *I would suggest there might have been a much better way of avoiding bankruptcy. It's called 'handling the case competently.'"*

    Or...how about "don't pirate music in the first place, much less on P2P networks where you are sending it out, too, so then you don't need to worry about it. Songs only cost you 99 cents each if you buy them legally. If you buy them illegally, you deserve what you get"

  50. Re:Fuck em. Time to expatriate. by st0rmshad0w · · Score: 1

    Run? Why the hell run? If you are that screwed anyway you might as well become the monster they think you are. A few news stories about RIAA executives' or their lawyers' heads turning into a fine pink mist in broad daylight on a public street at least might bring some attention to the debate.

    It's not like you'd be drowning a puppy or anything.

  51. Re:You've Got To Admit The RIAA's Strategy is Work by Dr_Ken · · Score: 1

    Or find defendants that are so stupid, ego centric and bald faced liars that the public starts to see them as the face of the "illegal downloaders" the RIAA is combating. Tenenbauam and his ass clown legal team fit that bill perfectly.

    --
    "If you want to know what happens to you when you die, go look at some dead stuff."
  52. Sharing? by Nemyst · · Score: 1

    IANAL, but I've been wondering. Say you download some music using BitTorrent and immediately after you've completed it, you close the software off. Assuming it wasn't on for long, you probably would not have shared enough data to even give a song to anyone.

    With that in mind, can anyone tell me if you can still be considered guilty of sharing the music if you have not actually shared a single full song, only downloaded them? I mean, if you share 1% of a few songs, you've just sent out random data, you didn't technically share a song.

    1. Re:Sharing? by Todd+Knarr · · Score: 1

      If you have to add the word "technically", that's probably a red flag right there. It's like the little kid arguing "But I technically didn't take a cookie out of the cookie jar. I knocked it over and the cookies fell out on their own, I just picked one up after it wasn't inside the cookie jar anymore.".

    2. Re:Sharing? by cdrguru · · Score: 1

      I think in today's climate the real question is "would I get caught?" The answer is probably not, which while not deciding the legal status of the matter makes it all right for most people.

      It's like speeding. If every single person that exceeded the speed limit got caught there would not be many people speeding. When it is 0.001% of the people exceeding the speed limit getting a ticket, lots of people will speed. Doesn't make it legal, just incredibly unlikely that you will get caught.

      The same goes for armed robbery. You stick up a liquor store in a inner city neighborhood and you stand about a 20% chance of getting caught. That is plenty low enough for lots of people, so these sorts of robberys happen all the time. Rob a bank and the odds are more like 99% that you will be caught. Not so many bank robberies when compared to liquor stores is the result.

      For most people it is a trade off between risk and reward. The reward of downloading stuff for free is pretty high - think what it would cost to fill up an iPod at $1 a song - and the risk is extremely low. Far, far less than even robbing liquor stores to pay for the songs.

      I'd say that if this metric changed, we might see more liquor store robberies to pay for music and movies.

  53. Duh! by Anonymous Coward · · Score: 0

    Don't do the crime if you can't pay the fine!

  54. Maybe the lawyers feel they need to..... by 3seas · · Score: 1

    ... come up with teh money or themselves be exposed for their incompetency... and sued...

  55. weird by bennomatic · · Score: 1

    Don't you know man? It's 'i' before 'e' except after 'w'.

    --
    The CB App. What's your 20?
  56. Ahh... by bigtallmofo · · Score: 1

    While we the people believe the principles involved are moot. The RIAA believes we the people should be mute.

    I see what you did there...

    --
    I'm a big tall mofo.
  57. Barnum & Bailey For The Defense by westlake · · Score: 1
    * I wouldn't be surprised if this whole lawsuit defendant and plaintiff was a giant farce by the RIAA.

    The geek in court is out-brained and out-gunned.

    1 Choose a lawyer as you would a oncologist -
    what you need is an experienced and responsible advocate whose only interest is in seeing you through a very difficult time.

    2 Even the very best can spend a lifetime in practice and get no closer to the Supreme Court than the Gray Line bus tour.

    You need to think very, very hard before pinning all your hopes on the constitutional questions that seem so seductive - and so easily resolved - on Slashdot.

    3 The calliope, brass band, elephants, clowns and dancing bear have no place in the federal courtroom.

    It shows a fundamental disrespect for the setting and the legal process. It pisses off the judge and jury.

    It buries your defense under a ton of shit.

    4 The geek tends to construct over-elaborate and implausible scenarios that come across as the fast-talker's big con in court.

    Many things are possible in this world, but some things are more likely than others - and that is all a civil jury has to decide.

    4 Fair Use has a specific - statutory - definition. It can suggest an approach to questions like time-shifting. But there are limits:

    If you are not a licensed distributor, you have no business feeding content to the P2P nets.

    The geek's investment in hardware and a broadband connection does not give him the right to free digital download copies of everything Pixar.

    40% of the jury pool may not even have a broadband connection - or will have opted out of the P2P culture for other reasons - and in a deep recession that number can easily grow much larger.

    5 If an award of statutory damages is the most likely outcome in your case, the time to settle is now.

    1. Re:Barnum & Bailey For The Defense by Anonymous Coward · · Score: 0

      This is the most intelligent post I've seen in this topic, even including NYCL's.

  58. Any likelihood of appeal on disproportionality? by OmniGeek · · Score: 1

    IANAL, but the damages amount seems disproportionate to the offense. Does this raise any additional prospect of constitutional appeal for a disproportionate penalty? (Not that the attorney in this case would be capable of mounting such an appeal pro bono...)

    --

    "My strength is as the strength of ten men, for I am wired to the eyeballs on espresso."
    1. Re:Any likelihood of appeal on disproportionality? by NewYorkCountryLawyer · · Score: 1

      IANAL, but the damages amount seems disproportionate to the offense. Does this raise any additional prospect of constitutional appeal for a disproportionate penalty? (Not that the attorney in this case would be capable of mounting such an appeal pro bono...)

      Yes, not an appeal at this point, but an attack on the judgment in the district court itself. I expect the judge to rule on that issue shortly. I do not know if she will require further briefing, as the legal issue has already been fully briefed, and the Judge said she would reserve decision upon the matter until such time as a statutory damages award were rendered, which is of course now. Here is the Amicus Curiae brief which I filed, on behalf of the Free Software Foundation, on the subject of the unconstitutionality of the RIAA's statutory damages theory.

      --
      Ray Beckerman +5 Insightful
  59. Class Project by Weedhopper · · Score: 1

    What'd you expect?

    A competent legal defense? This isn't the movies. You want a real lawyer with real legal guns, you gotta pay real money.

    Charles Nesson isn't a real lawyer. He's been a law school professor for 40 years with less litigation experience than the ambulance chasers on TV. You don't send Coach into the big game and expect him to make the big shot. He's a coach and not a player for a fucking reason.

  60. and you dont see it as a fundamental flaw by unity100 · · Score: 1

    lets see. modern societies are founded on the principle of equality. it is the VERY principle on which everything else is based upon.

    lets see. there is a system that allows the wealthier to hire legal armies to negate equality for anyone who is less wealthy, and the less wealthy person loses the case not due to its merits, but due to less funds available. and even with 'competent, ethical counsel' is found, somehow, it still does not negate the fact that wealthy are able to hire much more competent lawyers to exploit the legal system to their end.

    and you fail to see how this is a fundamental flaw.

    please.

  61. He should just suffer the consequences. by Garwulf · · Score: 1

    Sorry, folks, but while legal action is necessary to stop the lawsuit campaign, Tenenbaum is about as far from the poster boy needed to stop the RIAA as you can get.

    Regardless of whether the question should have been asked, the fact is that he admitted liability on the stand, and admitted that he had been perjuring himself to the court for the last eight months, right up to jury selection. The man is lucky he's not facing jail for perjury, which carries up to five years imprisonment - he certainly did everything in his power to make the court hostile to him at the last minute.

    A test case to challenge statutory damages when it comes to individuals requires a sympathetic defendant - Tenenbaum seems to have done everything he can to appear to be a lying sociopath, up to and including giving a reason for lying under oath that amounts to "it seemed like a good idea at the time."

    Slightly strange and loopy counsel aside, Tenenbaum wasted eight months of the court's time, committed a felony outside of what he was being sued for, and there is no way in hell that anybody should be paying his costs and his penalty for him. He stopped being able to play the "I'm being persecuted by a large organization" card the minute he lied under oath.

    Do NOT send any money to this man and his family. Please.

    --
    Robert B. Marks
    Author, Demonsbane in Diablo Archive
  62. Straight from the horse's mouth by westlake · · Score: 1

    30 songs. The rest is conjectural and not proven

    This sure as heck looks like proof to my eyes:

    Tenenbaum admitted that the screenshots captured by MediaSentry in August 2004, showing over 800 song files in his KaZaA shared folder, were accurate representations of the contents of that folder. Tenenbaum takes the stand: I used P2P and lied about it

    1. Re:Straight from the horse's mouth by Whorhay · · Score: 1

      Except that they did not ever prove that he had uploaded so much as a single byte of any of the songs in his shared folder to any other users of Kazaa except Media Sentry. That includes the 30 songs they sued him over and the rest that they decided not to pursue. This is like prosecuting a wannabe hitman for dozens of murders, for which there is no evidence of them happening, because he posted on a bulletin board somewhere that he's a hitman with some spare time.

      Additionally the damages they sought were meant for cases where someone is profitting financially (actual pirating) from the copyright infringement.

    2. Re:Straight from the horse's mouth by cliffski · · Score: 1

      if the hitman went to court and stood there and admitted it, then yup, I think he should be found guilty. don't you?

      --
      DRM-free indie games for the PC and Mac: Positech Games
  63. Tenenbaum Changes Course; $ Will NOT go to RIAA! by NewYorkCountryLawyer · · Score: 1

    Important update: Mr. Tenenbaum has issued a statement changing course, and indicating that the contributions received will NOT go to the RIAA, but will instead be used to defray defense costs. He further states "If money remains beyond that, I am open to a discussion with Charlie, Ray Beckerman, and our supporters (you donated it, after all) as to what to do with the rest of it."

    --
    Ray Beckerman +5 Insightful
  64. Link to Joel Tenenbaum's new statement by NewYorkCountryLawyer · · Score: 2, Informative

    I thought I'd put in a link to the statement, but I guess I hadn't. Here it is.

    --
    Ray Beckerman +5 Insightful
  65. The people aren't always on your side. by westlake · · Score: 1

    Oh please, this has nothing to do with lobbyists having more power that the people. The voters clearly do not care about this issue

    How many of those voters are based in cities where "big media" is politically and economically significant?

    The P2P community is dispersed. The lobbyist can focus on the power brokers in New York, Los Angeles, San Francisco, Nashville, Orlando...

  66. another republican zealot i presume by unity100 · · Score: 1

    posting anonymously i might add.

    you should learn to read first. what i typed does not say 'incorruptible'. it points out the stupidity of jury system, which fundamentally depends on making some bunch of randomly selected people believe what you say.

  67. Will someone get these trolls off my back? by NewYorkCountryLawyer · · Score: 2, Interesting

    There are 2 RIAA trolls who are 'up each other's a**es' agreeing with each other about how unkind I have been to criticize the work of the defendant's "legal team" in SONY v. Tenenbaum on my blog and on Slashdot. They're not attacking any of the other 25,000 or so Slashdotters who have also criticized the work of defendant's legal team.

    Will someone please get them off my back?

    Hello, any moderators out there by any chance?

    --
    Ray Beckerman +5 Insightful
    1. Re:Will someone get these trolls off my back? by RIAAShill · · Score: 0, Troll

      There are 2 RIAA trolls who are 'up each other's a**es' agreeing with each other about how unkind I have been to criticize the work of the defendant's "legal team" in SONY v. Tenenbaum on my blog and on Slashdot. . . . Hello, any moderators out there by any chance?

      If you want the moderators to suppress certain commentary about the story you submitted, why not give them a hand by linking to the comments you dislike.

      If you are referring in part to my comments, /. moderators can take them down a notch here, here, here, and here. I don't even think any of them are particularly trollish (although one person's honest commentary is another persons troll).

      Personally, I think it is a waste to suppress a handful of comments that only have a score of 1. Who really reads /. below a threshold of 3?

    2. Re:Will someone get these trolls off my back? by Anonymous Coward · · Score: 0

      tl;dr

  68. stop buying music from RIAA by hiddenharmony · · Score: 1

    I find all the discussion on RIAA cases totally useless. We have seen that in every case RIAA manages to have a pro copyright judge/jury and ensure a decision in lower court that will favor RIAA. The root cause for this is money, the greed that drives RIAA. When you buy music the artist gets only a tiny fraction and most goes into the pockets of those who are already rich. Who decides the cost of a music album ? Has RIAA published any mechanism to for deciding the price of music album ? RIAA knows that they can sell stuff at whatever price they want to with no one to question. Nothing wrong is charging a premium when you sell good stuff but the problem is most of the music sold by RIAA is sub standard. The real cause of falling sales is the bad quality of the music being produced by RIAA. We listen to the tacks once or twice and throw it away. The music doesnot have a shelf life anymore. Neither technology (DRM) not legal battles can improve the sales of the music industry as long as they are not producing good music. If we as consumers stop buying this sub standard music there is hardly anything RIAA can do, they will not be left with many options other than producing good music. All other things seems futile to me as RIAA has money and lawyer muscles to bend things the way they want to. Instead of fighting we can always ignore them and take them out by not buyng the crap shit they are selling...

  69. Re:Fuck em. Time to expatriate. by AK+Marc · · Score: 1

    If you can't declare bankruptcy and escape the life-destroying debt it is time to go on the run. I would suggest Eastern Europe,

    It's not criminal, so they couldn't extradite you. So go wherever you like. I'm personally moving out of the USA. The $100k per household debt and $500k per household obligations are enough that I'm better off elsewhere. I'll become a dual citizen and if ever the USA gets its act together, I'll come back. If not, I'll just stay away. Either way, I'll be covered for life. I fly out of the US on August 21st. It's not Eastern Europe. But they speak English and it's a country that no one ever messes with. And no, I won't tell you, I don't want anyone else running to my country. The USA used to be the land of opportunity. Now, we are a protectionist cesspool descending to failure because of the inability of the people to vote their minds rather than the last soundbite they heard, and the politicians playing to the soundbites.

  70. Oh, me! Pick me! by vvildcard · · Score: 1

    ... because I want to help a criminal get out his punishment at my expense! Actually, I think I'll save my money for when the RIAA gets around to suing me for the files they can't really prove I shared.