Comments on: RIAA, Santangelo court doc farce http://www.p2pnet.net/story/10312 p2pnet.net offers not-your-lamescream news on movies music digital media P2P peer-to-peer TV television file sharing freedom of speech open source product news Wifi mobiles company Sat, 22 Nov 2008 13:14:25 +0000 http://wordpress.org/?v=2.2.1 By: Reader's Write http://www.p2pnet.net/story/10312#comment-129689 Reader's Write Sun, 05 Nov 2006 22:45:33 +0000 http://www.p2pnet.net/story/10312#comment-129689 The same thing happened to me! (Not an RIAA case - a whistleblower case where the corporation thought they could make me look bad by suing me first). They filed a completely bogus lawsuit for PR purposes, and I had to go through months of court crap because the Judge didn't get it. I had to pay for everything, and I couldn't afford a lawyer. The whole situation made me so angry because first the press fell for it (and the Google record still follows me around today) and then the Judge didn't listen up front and didn't do anything about it later. This tactic is used more often than you think, and it's probably being used with increasing frequency since it works - especially when it's a corporation using a team of lawyers and a PR team against a weak individual, so they can calculate there won't be any consequences. There needs to be an investigation of companies who are using this tactic. The same thing happened to me! (Not an RIAA case - a whistleblower case where the corporation thought they could make me look bad by suing me first). They filed a completely bogus lawsuit for PR purposes, and I had to go through months of court crap because the Judge didn’t get it. I had to pay for everything, and I couldn’t afford a lawyer.

The whole situation made me so angry because first the press fell for it (and the Google record still follows me around today) and then the Judge didn’t listen up front and didn’t do anything about it later.

This tactic is used more often than you think, and it’s probably being used with increasing frequency since it works - especially when it’s a corporation using a team of lawyers and a PR team against a weak individual, so they can calculate there won’t be any consequences.

There needs to be an investigation of companies who are using this tactic.

]]> By: Reader's Write http://www.p2pnet.net/story/10312#comment-129688 Reader's Write Sun, 05 Nov 2006 22:32:20 +0000 http://www.p2pnet.net/story/10312#comment-129688 Respectfully, it's quite the opposite: the language isn't protected UNTIL it's filed with the court. Interestingly, at the moment, it may very well be libelous. Once they file it with the court, that protects the language of the *filed* document, but I think it does not protect the publicly-released document retroactively. Hmmm . . . I wonder if that's another cause of action against the RIAA, for ALL of the defendants who have found out about their suits in the press. Of course, truth is an ABSOLUTE DEFENSE, so if any defendant settles, or is proven to have done that of which the RIAA has accused them, then no action would be available. The analysis is more complicated than this, so I'll have to consider it further. In the meantime, since the RIAA monitors this site closely, let's not give them too much. Respectfully, it’s quite the opposite: the language isn’t protected UNTIL it’s filed with the court. Interestingly, at the moment, it may very well be libelous. Once they file it with the court, that protects the language of the *filed* document, but I think it does not protect the publicly-released document retroactively. Hmmm . . . I wonder if that’s another cause of action against the RIAA, for ALL of the defendants who have found out about their suits in the press. Of course, truth is an ABSOLUTE DEFENSE, so if any defendant settles, or is proven to have done that of which the RIAA has accused them, then no action would be available. The analysis is more complicated than this, so I’ll have to consider it further. In the meantime, since the RIAA monitors this site closely, let’s not give them too much.

]]> By: Reader's Write http://www.p2pnet.net/story/10312#comment-129687 Reader's Write Sun, 05 Nov 2006 22:03:59 +0000 http://www.p2pnet.net/story/10312#comment-129687 Although there may not be a law prohibiting releasing this information, there are laws on defamation, libel and slander. Until you file the motion with the court, the accusation is not public record. Although there may not be a law prohibiting releasing this information, there are laws on defamation, libel and slander. Until you file the motion with the court, the accusation is not public record.

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