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369 comments

Prays? (5, Funny)

jakosc (649857) | more than 7 years ago | (#18798295)

From the Motion to Quash:

Defendant prays that the court grants this motion
Prays?? Is that what's necessary now?

Re:Prays? (3, Funny)

RileyLewis (826273) | more than 7 years ago | (#18798329)

Well when the RIAA preys, you've got to pray!

Standard legalese (1, Funny)

Anonymous Coward | more than 7 years ago | (#18798349)

The judge is God.

Re:Standard legalese (1)

alexo (9335) | more than 7 years ago | (#18798437)

> The judge is God.

Indeed [slashdot.org] .

Re:Prays? (5, Funny)

FlatLine84 (1084689) | more than 7 years ago | (#18798363)

I dunno, but this excuse beats the "My dog ate my homework" line.

Re:Prays? (1, Informative)

FooAtWFU (699187) | more than 7 years ago | (#18798545)

pray, verb, transitive:To make a devout, fervent, or earnest request for something. It's been used in secular contexts plenty in the past.

Re:Prays? (4, Funny)

eln (21727) | more than 7 years ago | (#18798575)

humor, noun: a comic, absurd, or incongruous quality causing amusement

oblivious, adjective: see FooAtWFU

Re:Prays? (5, Interesting)

sjf (3790) | more than 7 years ago | (#18798741)

The words court, curia and curate are cognates. Early European courts were indeed held in church. Hence 'pray' is not strictly secular.
(Of course, the origin of the word curia is even earlier and during roman times simply meant a division of the people, then the term was applied to the people meeting as a body in order to make civil and judicial decisions. It is through the Catholic church that "curia" acquired its eclesiatical meaning.)

Re:Prays? (3, Interesting)

aadvancedGIR (959466) | more than 7 years ago | (#18798555)

I don't quite remember (sorry, I don't live in the USA). Isn't Texas one of the state where you can't work as a government official if you're a bloody atheist?

Re:Prays? (5, Interesting)

Frymaster (171343) | more than 7 years ago | (#18798691)

I don't quite remember (sorry, I don't live in the USA). Isn't Texas one of the state where you can't work as a government official if you're a bloody atheist?

i don't know about the 'bloody' part, but article 1 section 4 of the bill of 'rights' of the texas constitution states that people may not hold office if they don't "acknowledge the existence of a Supreme Being".

the full text is:

"No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being."

my source is here [state.tx.us] .

Re:Prays? (4, Informative)

Elemenope (905108) | more than 7 years ago | (#18798987)

And while I'm not sure if that segment of the Texas con. has specifically been challeneged, but other states that have similar provisions have had them struck down unanimously by the USSC [Torcaso v. Watkins (1961)]. The Article VI language preventing religious tests or oaths for federal office was ruled to apply to the states.

Re:Prays? (5, Interesting)

hax0r_this (1073148) | more than 7 years ago | (#18799087)

Yes, I did some research on the topic last year and it seems that Texas doesn't enforce that clause in order not to dirty their image. If they were to enforce it they would be challenged, and if they took it all the way to the Supreme Court they would lose there, so rather than going through all that they just keep the clause for the warm fuzzy feeling it gives them, but don't bother to enforce it.

Re:Prays? (0)

Anonymous Coward | more than 7 years ago | (#18799143)

I knew Dubya worshipped Ming the Merciless

Re:Prays? (5, Informative)

wesmills (18791) | more than 7 years ago | (#18799221)

I do live in Texas, and the use of the word "pray" in a legal document, at least in the American legal system, does not imply communications with a religious deity. "Pray," as a verb, has at least two meanings that are distinctive here:

4. to make earnest petition to (a person).
5. to make petition or entreaty for; crave

(See: dictionary.com [reference.com] )

The legal "pray" simply is a formal way to ask the Court for an action. You will find this phrase [google.com] in many [google.com] legal filings, not just in Texas courts.

Thanks for the slam, though; always good to see the myths and legends preserved.

Re:Prays? (0)

Anonymous Coward | more than 7 years ago | (#18798611)

This is America. It should read PAYS...

Re:Prays? (4, Funny)

gEvil (beta) (945888) | more than 7 years ago | (#18798677)

What, pray tell, is your problem with the word?

School day (1)

aussie_a (778472) | more than 7 years ago | (#18798307)

I don't think it was so much a school day, as a business day. Although the hours could have been better chosen, as could have the amount of notice.

3:30 is far better (1)

davidwr (791652) | more than 7 years ago | (#18798397)

I'm sure the kid would much rather miss class than miss hanging out with his buddies after school.

"Hey Jimmy, you coming to practice?
Nah, I've got to give some stupid deposition."

What I want to know: Will it be an excused absence?

Re:3:30 is far better (3, Interesting)

cyphercell (843398) | more than 7 years ago | (#18798511)

I think either way, having to show up at court in less than 24 hours is terrifying at any age. Personally, I hate showing up for traffic tickets with a months advance. This just seems like an attempt at disrupting the defendants home life.

Re:3:30 is far better (1)

Loconut1389 (455297) | more than 7 years ago | (#18798965)

Just remember a deposition is informal, no judge, just a couple of bitchy lawyers- usually in a cheap conference room with bad coffee.

Re:3:30 is far better (1)

cpt kangarooski (3773) | more than 7 years ago | (#18799119)

It's not court. It's a deposition. They're usually held in a conference room or some such.

Re:3:30 is far better (1)

MaceyHW (832021) | more than 7 years ago | (#18798681)

Even if it's not an excused absence, which is worse: detention or being held in contempt of court and having to pay a fine and possibly going to jail?

I agree that 24 hours notice is completely unreasonable, I'm just pointing out that detention is the least of this kid's worries.

Re:School day (3, Funny)

Himring (646324) | more than 7 years ago | (#18798881)

It is odd. Lawyers, and especially the riaa, are so typically thoughtful....

News for nerds, stuff that really matters (-1, Offtopic)

Anonymous Coward | more than 7 years ago | (#18798325)

Anybody can recommend a site for news for nerds, stuff that really matters? /. is becoming worse each day.

Re:News for nerds, stuff that really matters (0)

Anonymous Coward | more than 7 years ago | (#18798489)

http://rootprompt.org/ [rootprompt.org]

Re:News for nerds, stuff that really matters (0, Troll)

Anonymous Coward | more than 7 years ago | (#18798505)

DIGG!!

School Day == Work Day? (4, Insightful)

rsmith-mac (639075) | more than 7 years ago | (#18798387)

Uhh, I hate to even sound like I'm agreeing with the MAFIAA on anything, but when exactly are they supposed to depose him if not on a school day? The school week and the work week are pretty well aligned, and forcing them to either work on a weekend or wait until he's on vacation is stretching things. Their actions are certainly deplorable, especially giving a one-day notice, but doing it on a school day isn't one of those deplorable actions.

Re:School Day == Work Day? (4, Interesting)

tomstdenis (446163) | more than 7 years ago | (#18798455)

How about do it after class? Unless it's a serious deposition (bah music lawsuit != worth ditching school) it can wait till after. Or better yet, bring the lawyer to the school, do it during a lunch break.

Why does the music industry feel it should tamper with the education of our minors just to placate some facile legal action?

Re:School Day == Work Day? (2, Insightful)

rob1980 (941751) | more than 7 years ago | (#18798479)

I suppose scheduling the deposition for after 3pm is probably out of the question.

Re:School Day == Work Day? (5, Insightful)

pla (258480) | more than 7 years ago | (#18798497)

and forcing them to either work on a weekend or wait until he's on vacation is stretching things.

THEY want his deposition. Not the other way around.

Why should he suffer an inconvenience to suit their schedule?

In the same situation, if I had to lose a day's pay to humor the RIAA, I'd feel mightily pissed off. OTOH, I have very little doubt that some hungry young lawyer would work OT on the RIAA's dollar to take the deposition on Saturday or some weeknight.

Re:School Day == Work Day? (5, Insightful)

Anonymous Coward | more than 7 years ago | (#18798743)

Why should he suffer an inconvenience to suit their schedule?


Because this is one of the RIAA file sharing lawsuits. Making people suffer is their primary objective. The greater inconvenience in the initial stages, the less likely someone will actually challenge them. This is the RIAA saying "We can make life miserable for you and your entire family, and it's completely legal. So cough up whatever amount of money _we_ think is fair, and we won't keep you dangling in legal hell for the next decade."

Re:School Day == Work Day? (1)

Paradise Pete (33184) | more than 7 years ago | (#18798823)

Because this is one of the RIAA file sharing lawsuits. Making people suffer is their primary objective. The greater inconvenience in the initial stages, the less likely someone will actually challenge them.

He didn't ask why the RIAA wanted him to suffer - that part's obvious. What he asked is why he should suffer.

Re:School Day == Work Day? (1, Insightful)

Anonymous Coward | more than 7 years ago | (#18799097)

"Why should he suffer an inconvenience to suit their schedule?"

The kid's getting a day (a half day more likely) off school. Stop pretending he's "suffering" anything just so you can rant like an idiot against the RIAA.

They do a lot of reprehensible shit, this is not an example. And just so you're clear, every time an imbecile like you pipes up like you did without sufficient reason, you move closer to zealotry. RIAA is supposed to be irrational, and when they are, our own rationality is a positive. Until jackasses like you come along to fuck it all up.

Thanks for making it easier for the RIAA dumbass.

Re:School Day == Work Day? (3, Interesting)

hazem (472289) | more than 7 years ago | (#18799187)

Or lose good money paid as tuition. Let's suppose he's paying $2000 for each class and it meets 16 times (a semester), he's losing $125 for each class session they make him miss.

If they're going to force him out of class for their benefit, they need to pay him for his losses.

They work weekend anyway. (2, Insightful)

GodInHell (258915) | more than 7 years ago | (#18798539)

Lawyers work weekends as a matter of course. Asking them to put off the deposition till a mutually useful time is no injustice - giving 24hrs notice is.

-GiH

Re:School Day == Work Day? (1)

muftak (636261) | more than 7 years ago | (#18798621)

Where do you work? Wish I could leave at 2.30pm, like I did at school!

Re:School Day == Work Day? (5, Informative)

mass (65691) | more than 7 years ago | (#18798641)

The day in question was one in which the student was required to show up to take the TAKS [wikipedia.org] test, a state-wide standardized test that's required for graduation.

Re:School Day == Work Day? (2)

jedidiah (1196) | more than 7 years ago | (#18798645)

The RIAA can infact hold the deposition anytime they like. They simply need to have all of the principals present as well as the necessary support staff. This isn't something like a trial where you need to book the relevant government building and government official.

They could hold this deposition at midnight and call it a seance.

They could simply hold it in the business hours after school.

They could be accomodating and even ask the guy when would be a good time.

Re:School Day == Work Day? (1)

div_2n (525075) | more than 7 years ago | (#18798661)

Do you really think lawyers don't work on the weekends? You don't know many lawyers I take it.

Re:School Day == Work Day? (1)

644bd346996 (1012333) | more than 7 years ago | (#18798675)

Well, for starters, they could do it after school, rather than demanding that he skip what will probably be an entire school day. They could also have given him more than a day's notice, so that he could arrange to make up missed work and perhaps get notes for the material he has to miss.

Re:School Day == Work Day? (5, Insightful)

cprael (215426) | more than 7 years ago | (#18798679)

The 24 hour notice thing is called abuse of process. It goes beyond the fishing expedition aspects, and gets into "now we're going to use this to screw up your life."

BTDT.

Re:School Day == Work Day? (2)

Billosaur (927319) | more than 7 years ago | (#18798763)

That's the bigger concern. I think most people would agree that getting served a subpoena and having 24 or less hours notice is pretty poor sportsmanship on the part of the RIAA, but what else is new? The hole they dig for themselves gets deeper all the time.

Re:School Day == Work Day? (0)

Anonymous Coward | more than 7 years ago | (#18798721)

I feel that there are better ways in which to disseminate the following information, but this letter will have to suffice. In the rest of this letter, I will use history and science (in the Hegelian sense) to prove that every time the RIAA attempts to paralyze any serious or firm decision and thereby become responsible for the weak and half-hearted execution of even the most necessary measures, I feel a surge of pure, unadulterated hatred flow through my body. It's goofy for him to destroy that which is the envy of -- and model for -- the entire civilized world. Or perhaps I should say, it's infernal.

Inasmuch as I disagree with the RIAA's accusations and find his ad hominem attacks offensive, I am happy to meet the RIAA's speech with more speech and, if necessary, continue this discussion until the truth shines. Even if money-grubbing sciolists join the RIAA's band with the best of intentions, they will still nail people to trees in the near future. Not all, I hasten to add, do join with the best of intentions. I would be grateful if the RIAA would take a little time from his rigorous schedule to burn away social illness, exploitation, and human suffering. Of course, pigs will grow wings and fly before that ever happens. He is locked into his present course of destruction. He does not have the interest or the will to change his fundamentally deluded prognoses.

Honest people will admit that it's my understanding that the RIAA has become so wicked, so moved beyond the realm of reason, that I feel compelled to do something about the continuing -- make that the escalating -- effort on his part to promote group-think attitudes over individual insights. Concerned people are not afraid to raise barbaric present-day robber barons out of their cultural misery and lead them to the national community as a valuable, united factor. And sensible people know that if the RIAA is going to shatter and ultimately destroy our most precious possessions, then he should at least have the self-respect to remind himself of a few things: First, I, hardheaded cynic that I am, would very much like to see him crawl back under the rock he slithered out from. And second, this is not Nazi Germany or Soviet Russia, where the state would be eager to replace discourse and open dialogue with predatory obloquies and blatant ugliness. Not yet, at least. But onanism doesn't work. So why does the RIAA cling to it? You see, as our society continues to unravel, more and more people will be grasping for straws, grasping for something to hold onto, grasping for something that promises to give them the sense of security and certainty that they so desperately need. These are the kinds of people the RIAA preys upon. The RIAA does not want to agitate for indoctrination programs in local schools because he is apolaustic, jejune, humorless, and violent (though, granted, the RIAA is all of the aforementioned), but rather because I am not making a generalization when I say that in a larger context, the RIAA's careless effusions remind us that acts of racialism continue in our midst. That conclusion is not based on some sort of incoherent philosophy or on the RIAA-style mental masturbation, but on widely known and proven principles of science. These principles explain that by allowing the RIAA to play fast and loose with the truth, we are allowing him to play puppet master. Although he babbles on and on about cronyism, the RIAA has no more conception of it than any other unscrupulous killjoy. He should pay for his mistakes. Surprised? You shouldn't be, because he says that all minorities are poor, stupid ghetto trash. What balderdash! What impudence! What treachery! Our goal must now be to initiate meaningful change. If you believe that that's a worthwhile goal, then I can indisputably use your help. Let me hear from you.

Re:School Day == Work Day? (4, Informative)

UnknowingFool (672806) | more than 7 years ago | (#18798777)

Uhh, I hate to even sound like I'm agreeing with the MAFIAA on anything, but when exactly are they supposed to depose him if not on a school day? The school week and the work week are pretty well aligned, and forcing them to either work on a weekend or wait until he's on vacation is stretching things. Their actions are certainly deplorable, especially giving a one-day notice, but doing it on a school day isn't one of those deplorable actions.

Well special provisions are afforded to minors as opposed to adults. Also one of the objections was that the deposition would be during school hours. Certainly the plaintiff could have done it on a weekend or after school hours, but didn't do so.

Reading the motion, it appears that the subpoena was done in a very sloppy manner which explains the short notice. It appears that the plaintiff tried to email the subpoena (not legal from what I recall) and to the wrong attorney at first. The plaintiff finally sent a subpoena to the defendants home with less than 24 hours. Now, if it is true that the plaintiff's attorney failed to deliver a subpoena in a timely manner, they should have moved back the deposition to accomodate. It appears that they didn't do that either.

Lawyer == Lawyer (1)

Nymz (905908) | more than 7 years ago | (#18798797)

The 2 points given in the summary, that of normal court hours and reasonable notice > 24 hours, are both weak arguments. I suppose we shouldn't assume that just because we know the MAFIAA lawyers are bad guys, that lawyers on the other side aren't also bad guys.

It's not like the universe owes us a 50/50 equal distrubution of good and bad lawyers.

Re:School Day == Work Day? (0)

Anonymous Coward | more than 7 years ago | (#18798837)

Those poor lawyers. Having to come in on the weekend or after school hours. We would NEVER burden them with such an awful schedule.

Re:School Day == Work Day? (5, Informative)

BlueNoteMKVI (865618) | more than 7 years ago | (#18798847)

How about some time after 3 PM? That's when school lets out around here - most businesses are open until at least 5. The motion also specifically noted that the student was supposed to take the TAKS test today. TAKS is our statewide standardized test which must be passed for promotion to the next grade or for graduation at the end of high school. If he misses the TAKS test he'll have to make it up at some point, forcing him to miss another day of school. TAKS days are only ~5 days out of the school year depending on grade level. Asking for a deposition on a non-TAKS day would be much less of a burden.

Re:School Day == Work Day? (1)

beadfulthings (975812) | more than 7 years ago | (#18798865)

I dunno. Kids generally get out of school a bit earlier than adults get out of work. Why not set up the appointment for 3:30 or 4 pm if they feel they need an appointment.

Re:School Day == Work Day? (4, Insightful)

ec_hack (247907) | more than 7 years ago | (#18798905)

when exactly are they supposed to depose him if not on a school day?

Well, it's not just any school day they picked. It's TAKS testing day - a statewide test in Texas that has to be passed to graduate from high school. They picked one of the worst possible days of the year to compel him to show up. They are either evil or ignorant, in my opinion.

Re:School Day == Work Day? (2, Insightful)

LWATCDR (28044) | more than 7 years ago | (#18799217)

Last time I checked school ended around 3 pm. The workday tends to end between 5 and 6 pm.
They could do it after school.
Also I have to wonder about going after a minor at all. Can you claim that a minor understands copyright law? This going after kids gives me such warm fuzzys for the music companies to start with.

In Other News... (4, Funny)

stevens (84346) | more than 7 years ago | (#18798389)

An RIAA lawyer today tipped poorly at the diner where he eats breakfast.

June Dawson, 43, waited on him this morning. She is a single mother of two, battling cancer. She was not enthusiastic about the tip: "He left a stinking dime. Next time I'm going to spit in his eggs."

The RIAA did not respond to enquiries at press time.

Re:In Other News... (1, Informative)

Anonymous Coward | more than 7 years ago | (#18798657)

What kind of a moron sees this funny?

Remember, when you dislike something that 'RIAA' does, this is who RIAA is http://www.riaa.com/about/members/default.asp [riaa.com]

Your money talks. Let them hear it.

Go figure. (5, Insightful)

Mockylock (1087585) | more than 7 years ago | (#18798403)

RIAA is basically becoming an automated bot nowadays, anyway. I'd be surprised if they don't show up in court as robots with brief cases as well.

Someone needs to start doing something about RIAA's boundaries and arrogance, considering they're getting so careless with who they're attacking nowadays. How long will it be, before Judges and courtrooms are sick of these petty charges, and start only allowing the larger criminals who actually sell and distribute?

Right now, you're paying less when distributing marijuana or posessing cocaine, than you are to host MP3's.. EVEN if you're a child!

There HAS to be a line drawn somewhere.

Re:Go figure. (0)

Anonymous Coward | more than 7 years ago | (#18798731)

Someone needs to start doing something about RIAA's boundaries and arrogance
you can. Stop buy shit music. Prob. Sol.

Re:Go figure. (1)

Paulrothrock (685079) | more than 7 years ago | (#18799095)

Soon people will be selling smack to feed their music habit!

Wow (3, Insightful)

EvilGoodGuy (811015) | more than 7 years ago | (#18798425)

RIAA is realy getting out of hand with their bullying. It's good to hear news about their losses, but their abviosly winning enough to keep harassing.

There may be a conspiracy (0)

Anonymous Coward | more than 7 years ago | (#18798449)

I would like to propose a new tin hat, and this one a good one.
Could it be, that the RIAA lawyers actually think that what the RIAA is doing is a really bad idea so they are purposely doing really inflammatory things to get the American populous and judicial system fed up with their antics? Could it be that the RIAA is actually on our side, and doing their part to end frivolous law suits? Can we hope for a brighter future where file sharing for personal use is ok? Is the RIAA working towards that goal?

Re:There may be a conspiracy (2, Insightful)

Red Flayer (890720) | more than 7 years ago | (#18798647)

Could it be, that the RIAA lawyers actually think that what the RIAA is doing is a really bad idea so they are purposely doing really inflammatory things to get the American populous and judicial system fed up with their antics?
Now, I'm normally a bit cynical, so maybe I'm off base here...

But holy crap, is it really possible to be that optimistic, and if so, where can I get some of what you're on? :)

The RIAA lawyers are doing really inflammatory things because it keeps the issue of copyright infringement in the news. It's to intimidate those who might consider downloading some music instead of being good little consumers and spending $15 at the record store.

Also, it's billable hours -- and when legal actions are contested, it leads to more billable hours. So unless they are working completely off retainer, or a percentage of settlements, it makes good financial sense for lawyers to occasionally take action that they know will be contested, or at least require additional time to deal with. This holds as long as the client doesn't get pissed off, and I'm guessing that the RIAA is not unhappy with the results so far (various pending disputes notwithstanding).

Re:There may be a conspiracy (1)

AndersOSU (873247) | more than 7 years ago | (#18799185)

I'd be very surprised if these weren't corporate lawyers on salary.

Why would they need a deposition anyway? (4, Insightful)

aadvancedGIR (959466) | more than 7 years ago | (#18798465)

With their own lawyer and without giving enough time to prepare anything. There is only one possible explanation: what they really want is an intimidation session.
Since he would not be facing a policeman but the opposition lawyer, can he simply walk away anytime he wants or refuse to sign anything?

Re:Why would they need a deposition anyway? (1)

GodInHell (258915) | more than 7 years ago | (#18798617)

Since he would not be facing a policeman but the opposition lawyer, can he simply walk away anytime he wants or refuse to sign anything?
No. The subpeona is issued by the court. There are limits, but deposition rules are waaay complex - generally they have questions prepared ahead of time and you have to go through them all.

-GiH

Re:Why would they need a deposition anyway? (1)

mkoenecke (249261) | more than 7 years ago | (#18799171)

Sorry: the subpoena is issued by the lawyer, not the court. Perhaps you were thinking of a citation. IAATL (the "T" there stands for "Texas," since it's relevant).

Re:Why would they need a deposition anyway? (1)

CyberSnyder (8122) | more than 7 years ago | (#18798801)

Just plead the 5th and say nothing.

Re:Why would they need a deposition anyway? (2, Informative)

serialdogma (883470) | more than 7 years ago | (#18798985)

Quoteth the the fifth: "nor shall be compelled in any criminal case to be a witness against himself".
The key is that this is not a criminal case, it is a civil case.

Re:Why would they need a deposition anyway? (1)

Loconut1389 (455297) | more than 7 years ago | (#18799207)

You can't plead the 5th at a deposition- there's no judge- but you or your attorney can object to any/every question and the other lawyer will have to say something like 'let it be noted that Mr. Smith refuses to answer the question'.

Good thing they didn't go after Mahoney. (0)

Anonymous Coward | more than 7 years ago | (#18798483)

The Police Academy would of been out its best officer.

What happened? (4, Insightful)

jakosc (649857) | more than 7 years ago | (#18798487)

Also, I just realized '9:00 am the next day' was two days ago, so...what happened?

Re:What happened? (0, Troll)

Overly Critical Guy (663429) | more than 7 years ago | (#18799015)

Here is what happened:

1.) Some kid broke the law and ripped off an artist.
2.) The RIAA, well within its right to defend itself from theft, took legal action (just like Slashdot said they should seven years ago during the Napster lawsuit..."go after individual infringers!" you all said).
3.) This kid was deposed like anyone who broke the law might be.
4.) Pro-piracy propaganda gets posted to Slashdot about how he's being "Deposed On School Day."

You see, the RIAA scapegoating is done on purpose so that pirates don't feel bad pirating music. If they can remove the artist from the equation and make themselves feel like they're fighting a bad guy, they feel less guilty and ashamed for FUCKING OVER artists and their rights. It will never change the truth that they're just making sure human beings don't get paid for their work, but it's not like pro-piracy arguments have ever made sense or been based on any kind of truth.

Re:What happened? (0)

Anonymous Coward | more than 7 years ago | (#18799227)

Ah yes, because the appropriate punishment for being accused of stealing music is to force the kid to be held back a year (the day of the deposition was the day of Texas's standardized advancement test, yay no child left behind), but hey, lets FUCK OVER students for (possibly) FUCKING OVER artists.

Of course, if the RIAA's lawyer had been able to figure out how to operate a subpoena (protip: emailing it to the wrong person is not a legal way to serve a subpoena) maybe something more agreeable to everyone could have been worked out.

hmm (3, Insightful)

nomadic (141991) | more than 7 years ago | (#18798495)

The fact that it's scheduled on a school day is no big deal. I've never seen a depo scheduled on a weekend.

One day notice is pretty weird, though. Traditionally you clear dates with opposing counsel as professional courtesy, or you at least set it far enough in advance to work things out.

No reason (0)

TJ_Phazerhacki (520002) | more than 7 years ago | (#18798501)

That he can't be deposed on a weekend. The RIAA are already soulless drones who neither eat nor sleep. Why do they need time off like everybody else?

I pretty much just picture them much like Naz'Gul, although they are sleightly more motivated and they drive black sedans these days. Still dripping blood!

Re:No reason (1)

GodInHell (258915) | more than 7 years ago | (#18798683)

Actually, they're humans wearing dark suits and crisp white or light blue ties - and they smile alot. >shiver
-GiH

Re:No reason (1)

MikeTheYak (123496) | more than 7 years ago | (#18799019)

IBM's lawyers [slashdot.org] moonlight for the RIAA?

TAKS Test (5, Informative)

FerociousFerret (533780) | more than 7 years ago | (#18798571)

The real kicker here is not that it is a school day, but it is during Texas Assessment of Knowledge and Skills (TAKS) test week as well and the one day notice.

Re:TAKS Test (2, Funny)

soft_guy (534437) | more than 7 years ago | (#18799009)

it is during Texas Assessment of Knowledge and Skills (TAKS) test week
At least he won't be missing anything important.

Re:TAKS Test (-1, Troll)

Overly Critical Guy (663429) | more than 7 years ago | (#18799115)

No, the real kicker is that you guys are defending a kid who broke the law, just so you can scapegoat the RIAA and make yourselves feel better about pirating music from hard-working artists. "The RIAA made me do it!"

Re:TAKS Test (1)

ari wins (1016630) | more than 7 years ago | (#18799193)

I admit, I haven't looked at any recent state by state comparisons, but wouldn't his absence in fact be an improvement in this instance?

Just say no? (1)

Tweekster (949766) | more than 7 years ago | (#18798581)

What would happen if you responded with "No, that will not be happening tommorow, you can reschedule for later in the week"

Re:Just say no? (1)

Lxy (80823) | more than 7 years ago | (#18798627)

You automatically lose the case. That's why this is a big deal, the RIAA is abusing the legal system.

Think "jurry duty" (1)

GodInHell (258915) | more than 7 years ago | (#18798729)

You automatically lose the case. That's why this is a big deal, the RIAA is abusing the legal system.
Enh, wrong answer.

The subpeona is not to the defendant, it is to a "related" party. So you're looking at fines / bench warrants.

-GiH

Re:Just say no? (4, Informative)

Shadow Wrought (586631) | more than 7 years ago | (#18798759)

You automatically lose the case.

I may not be a lawyer, but I know this to be false. Don't give the RIAA any more power of fear than they already enjoy. Deponents can object, if a witness refuses the moving party can ask for a motion to compel, there are lots of rememdies other than automatically losing. The biggest problem isn't that the kid is going to miss school, its that they are attempting to take his deposition with only 24 hours notice. In my experience as a paralegal, again- IANAL, that is simply poor if not abusive practice.

This is abuse of law - even in turkey (1)

unity100 (970058) | more than 7 years ago | (#18798649)

there are laws against exploitation of legal system in order to suppress, intimidate, extort people.

arent there any in united states ?

Re:This is abuse of law - even in turkey (0, Troll)

rahvin112 (446269) | more than 7 years ago | (#18798909)

Yes we have those laws to. Is it harassment if you had something stolen and you were suing someone to reclaim the lost property value in Turkey? Cause contrary to what you and many others think about it, Sharing and Downloading of Copyrighted material is illegal in the US, and likely is in Turkey as well. It's not harassment to recover damages using the court system.

Re:This is abuse of law - even in turkey (0)

Anonymous Coward | more than 7 years ago | (#18799091)

Is it harassment if you had something stolen and you were suing someone to reclaim the lost property value in Turkey?

Copyright infringement is not stealing.

they are not "suing" (1)

unity100 (970058) | more than 7 years ago | (#18799219)

they are using lawsuits and legal procedures for INTIMIDATING and SUPPRESSING people they sue.

Re:This is abuse of law - even in turkey (1)

orclevegam (940336) | more than 7 years ago | (#18798943)

Yes, but the RIAA is just slippery enough to skirt the edge of legal without actually being able to be charged. In theory if they pull stunts like this a little too often then the lawyers might be brought before the state bar for disciplinary action, but being as it's run by fellow lawyers short of openly insulting the judge (repeatedly) or some sort of egregious legal offense it's rarely done. IANAL, but I've been known to peruse groklaw from time to time (as an indicator of what it takes, check the history of Jack Thompson, a complete raving nut-job who's been brought before the bar twice, but is somehow still licensed to practice law).

Re:This is abuse of law - even in turkey (0)

Anonymous Coward | more than 7 years ago | (#18799039)

there are laws against exploitation of legal system in order to suppress, intimidate, extort people.

arent there any in united states ?


Yes, there are. See SCO vs. IBM [groklaw.net] , for example. Four years running.

Bad precendent... (1, Funny)

Anonymous Coward | more than 7 years ago | (#18798709)

Now kids will be downloading and reporting themselves to the RIAA so that they can get out of school!

The good news is maybe this will make call in bomb threats obsolete.

Not to defend the RIAA... (0)

Anonymous Coward | more than 7 years ago | (#18798755)

but in a glimmer of hope that there may be a soul in at least one employee, the RIAA has agreed, in the wake of recent events, to stop sending referrals to Virginia Tech "for the foreseeable future."

RIAA's fishing expedition (4, Insightful)

t35t0r (751958) | more than 7 years ago | (#18798779)

The defendent's attorney said:

The subpoena is being used for patently improper purpose, namely as a fishing expedition by plaintiffs'

That sums up the RIAA's entire strategy.

This is news? (2, Insightful)

eno2001 (527078) | more than 7 years ago | (#18798781)

I think any legal proceedings trump private life regardless of whether you agree with the instigators of said proceedings. That's just the way it works. The only exception I can see is jury duty, where they allow you to miss out if you're in college. Usually.

Hightower's in trouble? (2, Funny)

Rob T Firefly (844560) | more than 7 years ago | (#18798835)

Quickly! Get Jones in there to make some funny noises with his voice until Zed scream incoherently and Mahoney makes one of his moving speeches!

School's wasted on the kid anyway (4, Funny)

Shadow Wrought (586631) | more than 7 years ago | (#18798875)

His dad is obviously a music pirate, otherwise the RIAA wouldn't be bringing the lawsuit. Since we all know that pirates' sons always takeover the family business, it doesn't take a genius to see that the only thing this kid needs from school is enough math to count all the billions of doallars he's going to steal from the hard working middle managers of the music business.

They're doing him a favor. Really.

What would happen... (2, Insightful)

Quiet_Desperation (858215) | more than 7 years ago | (#18798879)

...if the kid just ignored the order? Would the RIAA have the cops come and drag him out of his house in cuffs? What if news cameras were there? There needs to be a revelation of this crap to the wider public. Just ponderin'...

What happens when a disposition is blown off (5, Informative)

Pi3141592 (942724) | more than 7 years ago | (#18799225)

Dispositions are required attendance, which is why a subpoena is generally issued to enforce them. If he blows off showing up, the consequences (if any) are entirely up to the judge who issued the subpoena.... who, if particularly pissed off that day, could find him in contempt of court and sentence him to jail time. Under the circumstances, though, I can't see any (reasonable) judge doing this.

It's intentional (5, Interesting)

dkgasaway (468339) | more than 7 years ago | (#18798885)

I'm convinced the school-day deposition request is very intentional. They want the other kids to know the boy missed an important school day because he was in hot water over file sharing. It's all part of their perverse scare tactics.

Response: (4, Insightful)

debrain (29228) | more than 7 years ago | (#18798901)

Say your lawyer is busy. You are entitled to your choice of legal representative.

Serving a notice for a sworn deposition on one day's notice is contrary to the rules of professional conduct, and can (and should) result in penalties against the lawyers' clients in court, as well as with with the lawyer regulatory disciplinary authority.

Holy crap, I RTFpdf... (0)

Anonymous Coward | more than 7 years ago | (#18799003)

1. Plantifs are UMG Recordings Inc.

11. Nicholas Hightower's only relation to the case is is that the defendant s [sic] his mother


!!!!!!! WTF??? How do you spell "evil?"

The subpeona is ... a fishing expedition by plantiffs' [sic]

I'd repeat a bunch of old, stale lawyer jokes but this just isn't funny. If I were this kid's mother I'd be... I'd be... I'd... Oh hell I don't know what I'd do, but it would probably be stupid.

Which is probably what the MAFIAA lawyers want. That's an old boxing trick, if you can piss off your opponent you've most likely won the boxing match, even if you get your ass kicked.

This is nothing short of pure evil. And you're going to buy one of their CDs or download one of their files? WTF is wrong with you people????

-mcgrew

How to avoid RIAA entanglements (3, Insightful)

kimvette (919543) | more than 7 years ago | (#18799073)

1. Quit downloading RIAA music
2. Do not share RIAA music (help prevent the spread of mindshare) (ugh, I hate buzzwords)
3. Do not buy RIAA music (or if you do, stick to back catalogues from USED CD/record stores)
4. Do not tune to new RIAA music on the radio so you can avoid being tempted to buy new product from RIAA

By doing so, RIAA members will eventually either go broke or go independent, and the independent labels will rise in popularity as their buying power increases beyond that of the dying RIAA cartel.

RIAA's view of everyone = faceless human (1)

kinglink (195330) | more than 7 years ago | (#18799223)

RIAA has been successful for one reason, they are doing volume over value yet again. Every time they can find someone downloading any music that looks like they own they go with plan 15B. Cease and desist, sue, profit.

It's worked so far so why are we surprised that they are continuing with it? Expect them to continue this way. The subject of the lawsuit is faceless and nameless to them. Doesn't matter if it's a grandma, a 8 year old, or a athlete, they all are guilty to the RIAA. You know those adds that show people saying "I got it" "I got it" and it's every race, religion, age, and sex. Well to the RIAA it's the same way except they are saying "I stole." Why have a different strategy for each person.

It's good to see people fighting against the tyrants pushing this down the courts throat but at the same time I have to realize that some of these people like did steal large quantities of music before it came to this step. Still that's no reason to act like this kid isn't in school. What's next? Demanding he goes to jail for 10 years?
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