Comments on: RIAA Sues Transplant Patient for Copyright Violations and Then Secures a Default for Not Responding to the Complaint http://jonathanturley.org/2008/12/08/riaa-sues-transplant-patient-for-copyright-violations-and-then-secures-a-default-for-not-responding-to-the-complaint/ Res ipsa loquitur ("The thing itself speaks") Sat, 11 Feb 2012 05:48:46 +0000 hourly 1 http://wordpress.com/ By: The Internet is not optional | RogersMJ.com http://jonathanturley.org/2008/12/08/riaa-sues-transplant-patient-for-copyright-violations-and-then-secures-a-default-for-not-responding-to-the-complaint/#comment-40724 Tue, 24 Feb 2009 01:38:40 +0000 http://jonathanturley.org/?p=6170#comment-40724 [...] law, consider their record with their traditional lawsuits. The RIAA has sued dead people, a woman who was getting a transplant (they won a default judgment against her when she didn’t respond to their request…hmm, [...]

]]> By: mespo727272 http://jonathanturley.org/2008/12/08/riaa-sues-transplant-patient-for-copyright-violations-and-then-secures-a-default-for-not-responding-to-the-complaint/#comment-30621 Tue, 09 Dec 2008 17:42:39 +0000 http://jonathanturley.org/?p=6170#comment-30621 From the article:

“A local attorney, James Brink, has offered to represent Ciara at no charge and ask a judge to reopen the case.”

I am hopeful this will not fall upon deaf ears. If the RIAA proceeded knowing she could not possibly have responded and failed to notify the Court, I believe this default may have been obtained by extrinsic fraud. That would cast the case in a whole new light. If the Court knew of her plight but permitted this to occur, that bad light belongs to the bench. I see there are many modern day Shylocks.

]]> By: Butters http://jonathanturley.org/2008/12/08/riaa-sues-transplant-patient-for-copyright-violations-and-then-secures-a-default-for-not-responding-to-the-complaint/#comment-30617 Tue, 09 Dec 2008 16:56:50 +0000 http://jonathanturley.org/?p=6170#comment-30617 JT:

I completely identify with that. I just don’t know how it’s normally done: Do plaintiffs try to get in touch with defaulting defendants, or do they cross their fingers and stay silent in the hope that the defendants end up defaulting and there’s no need for an adjudication on the merits? If it’s the latter then my sense of outrage is mollified. You’re on the money though that it’s shameful that the RIAA hasn’t remedied the situation.

]]> By: jonathanturley http://jonathanturley.org/2008/12/08/riaa-sues-transplant-patient-for-copyright-violations-and-then-secures-a-default-for-not-responding-to-the-complaint/#comment-30613 Tue, 09 Dec 2008 16:00:34 +0000 http://jonathanturley.org/?p=6170#comment-30613 Butters:

The RIAA has still not made any effort to rectify this situation. They were clearly informed of the situation long ago, but seem not to view this as their problem. The legal system is composed of human beings, not thoughtless, senseless robots. There remains a modicum of decency that is expected from litigants and lawyers. Can they do this? Of course they can. The question here is not “can” by “should” — it is the difference between a legal and a moral choice. One would hope that they are not always separate considerations.

]]> By: Butters http://jonathanturley.org/2008/12/08/riaa-sues-transplant-patient-for-copyright-violations-and-then-secures-a-default-for-not-responding-to-the-complaint/#comment-30612 Tue, 09 Dec 2008 15:43:40 +0000 http://jonathanturley.org/?p=6170#comment-30612 rafflaw:

Since when does a plaintiff have to investigate why the defendant is not answering her complaint? I wanna be just as outraged as you are; tell me what I’m missing here.

]]> By: rafflaw http://jonathanturley.org/2008/12/08/riaa-sues-transplant-patient-for-copyright-violations-and-then-secures-a-default-for-not-responding-to-the-complaint/#comment-30581 Tue, 09 Dec 2008 03:37:18 +0000 http://jonathanturley.org/?p=6170#comment-30581 Former Fed and Butters,
It would be easy for the RIAA to confirm the health status of the defendant in this case. I have no problem enforcing your legal rights, but discretion is the better part of valor. I don’t remember who said that first, but it fits here.

]]> By: Butters http://jonathanturley.org/2008/12/08/riaa-sues-transplant-patient-for-copyright-violations-and-then-secures-a-default-for-not-responding-to-the-complaint/#comment-30580 Tue, 09 Dec 2008 03:31:11 +0000 http://jonathanturley.org/?p=6170#comment-30580 Er… “getting a transplant”

]]> By: Butters http://jonathanturley.org/2008/12/08/riaa-sues-transplant-patient-for-copyright-violations-and-then-secures-a-default-for-not-responding-to-the-complaint/#comment-30579 Tue, 09 Dec 2008 03:30:34 +0000 http://jonathanturley.org/?p=6170#comment-30579 I meant seeking a transplant, not coma.

]]> By: Butters http://jonathanturley.org/2008/12/08/riaa-sues-transplant-patient-for-copyright-violations-and-then-secures-a-default-for-not-responding-to-the-complaint/#comment-30578 Tue, 09 Dec 2008 03:29:28 +0000 http://jonathanturley.org/?p=6170#comment-30578 I’m actually writing a paper that’s very critical of the copyright industry, but to play devil’s advocate, how were they supposed to know she was in a coma? However ill considered this whole campaign against file sharing is, once they undertake it they might as well do it right. If there’s no response, it’s logical to seek a default judgment.

]]> By: Former Federal LEO http://jonathanturley.org/2008/12/08/riaa-sues-transplant-patient-for-copyright-violations-and-then-secures-a-default-for-not-responding-to-the-complaint/#comment-30577 Tue, 09 Dec 2008 03:27:15 +0000 http://jonathanturley.org/?p=6170#comment-30577 Remember though, The Law IS The Law!

]]> By: rafflaw http://jonathanturley.org/2008/12/08/riaa-sues-transplant-patient-for-copyright-violations-and-then-secures-a-default-for-not-responding-to-the-complaint/#comment-30569 Tue, 09 Dec 2008 02:35:07 +0000 http://jonathanturley.org/?p=6170#comment-30569 This overreaction by the RIAA is nothing new for this crowd. I would think that the RIAA should be held up for ridicule for this obvious abusive litigation, as well as many other examples of their heavy handed handling of the downloading problem. This is not how Americans should treat other Americans. Especially those that are deathly ill.

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