fiberguy
My views are my own.
Premium
join:2005-05-20
| reply to jwsmiths4
Re: Iunno
Yes, in a civil case, the curden is on the claimant. The defendant still has to answer the complaint, but in a case like this, I doubt much will need to be done by the defendant.
I have a feeling, in this case, the "my wireless access point" was the culprit. This does break away from my normal feeling that you should secure your AP, however, the case is against the person for the action of the downloads.
One other thing, though the courts are there to hear cases, judges and some court districts get pissy about certain cases. If they start to see a bunch of these RIAA cases entering their courts, judges and magestrates are probably likely to start ruling against the RIAA or force people into arbitration as a message to these yo-yos to knock off the petty cases and/or take it to congress, or even other routes. I say this in example of another area I am familiar with. Abusive debt collectors. There was a time where these cases flew through court rooms and debt collectors were pounded and paid alot of money to debtors because of their abusive actions. However, because there were so many, you are now seeing courts changing their ways and they are now no longer giving out big judgements. They are still ruling in favor of the debtor, but the pot of gold at the end of the rainbow isn't there any more. This is to try and curb the suites and have this type of case handled outside the courts. I think judges will get tired of hearing these cases, if they start making it to court, and make it so that it's not favorable for the suites to be filed.
Just my opinion. |
