Comments on: Jammie Thomas: facing the RIAA alone

By: Gene

Gene — Thu, 21 May 2009 11:33:44 +0000

That would be great if you could have a trial. Problem is the individual is broke due to litigation costs long before any trial. That corporation doin g the suing knows this and makes sure they dump enough paper on your attorney to be sure you never make it to any trial. That is why I say, due process is dead because you relly cannot have your day in court unless you have $50,000 to spend defending.

By: SC

SC — Wed, 20 May 2009 14:42:07 +0000

It can be leveled quite easily. If the corporation suing the person loses they pay all defense costs, court costs AND a significant penalty. That would stop the fishing expeditions and only cases with real winnable proof would occur. Once you start the trial, no no-cost dismissals allowed. I’m sure this would stop a huge amount of nuisance lawsuits.

By: Gene

Gene — Tue, 19 May 2009 11:12:25 +0000

The playing field is just not even when an individual is up against a billion dollar company. The individual cannot fight with out an attorney and the individual will run out of money long before any trial can occur. One cannot say that due process even exists under these circumstances. May sound strange, but when Gandhi faced the soldiers in the street, there was nothing he and his small group could do but lay down in the streets. He and his group met an opposition where there was no chance of winning. Maybe what those sued should do being that they cannot win anyway is lay down in court so to speak. Represent one’s self and simply tell the court “until a fair hearing can be held and the playing field level, no one can defend such a case.” When enough people are sent to jail for not defending, minds may change on the fairness of all of this. Forty five years ago some people refused to leave a lunch counter which had a sign “for whites only.” They were jailed for sitting at the whites only. Those people back then also faced a battle they could not win because the opposition was too strong and powerful. It may be the only way to make our court system recognize due process again.

By: Monkey D. Luffy

Monkey D. Luffy — Mon, 18 May 2009 18:45:13 +0000

The U.S. civil court system sucks, it is gamed completely in favor or wealthy corporations. If you are prosecuted in criminal court, you have a right to an appointed attorney. If some huge corporation doesn’t like what you are doing and sues you, they can be completely wrong and you are still screwed; as you have no rights to an attorney, so you either have to show up without one or go broke paying for one. Corporations know very well most people can’t afford lawyers fees for any length of time, so they can drag out a case till the accused runs out of money to pay his/her attorney.

By: Eponymous Coward

Eponymous Coward — Mon, 18 May 2009 00:59:48 +0000

One question: If file-sharers are so concerned about the outcome of this case and feel that the odds are stacked against Jammie Thomas, why aren’t they contributing to her legal defense fund? Why does Joel Tenenbaum get a Harvard law prof and a team of students, while Jammie Thomas (who is arguably higher profile for arguing against the constitutionality of statutory damage awards) get no one, or (at best) a random lawyer willing to work for free? Where is the EFF? The ACLU? Ray Beckerman?

All right, that was more like 5 questions…

By: Gene

Gene — Sun, 17 May 2009 18:49:02 +0000

It is the case with most of these is that individuals are ill equipped financially to defend up against corporate money and power.
What difference does due process make where one cannot afford it. I was defending my property against a corporate thief. Illegal to steal?
Why yes, but what happens when the thief out guns you by 100 fold with litigation money. The thief gets away that’s what. Congress and
the Justice system in there infinite naivety believe all is fair in court. I have begun a web site standing against theft perpetrated by copyright owner.
It is located here: http://www.digitalrightownertheft.com/

By: Thinker

Thinker — Sun, 17 May 2009 12:10:58 +0000

America, where did you turn wrong?

This is a fictional story, made up to show how thew legal system use and should work.

Joe was a homeless alcoholic in Dodge City. One day he was hungry and decided to enter the saloon, order a meal and after eating, declared himself unable to pay. Sheriff Matt Dillon was called, paid for Joe’s actual meal cost of 20 cents, took Joe to the office, put him in the cell for the night and released him the next day.

The saloon owned asked Dillon why he was so generous to Joe. Said the sheriff: Joe did nothing wrong, he just followed his instinct. Beside generosity is a good thing for the soul. I feel better not punishing Joe.

That was the legal system then.
Now it is a cut throat business.

Where did you go, Matt Dillon?
Where did generosity go?
America, where did you turn wrong?

By: Jon

Jon — Sat, 16 May 2009 22:57:13 +0000

@ Raptor X

Don’t worry. Jammie will be joining Brittany at the top of the page.

Cheers!

By: Raptor X

Raptor X — Sat, 16 May 2009 22:33:03 +0000

You should put this story at the top of your front page. This case is far too important and precedent setting to let it slip down the list.

Heck, I suggest even putting a banner ad on your home page for a lawyer for Jammie.