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Tenenbaum's Final Brief — $675K Award Too High

jbf Re:Fees (525 comments)

Yep, those reviews are useless. Now if there were only a legal way to listen to songs before I bought them. Maybe if some companies would help out by paying money (or receiving money) to broadcast music on radio frequencies. They could encode the data by modulating the frequency of a carrier, and use a center frequency between 87.5 MHz and 108 MHz. Of course, that'd require a centralized agency to dole out that frequency to minimize interference, some people to do enforcement, maybe they'd have to sell advertising to pay their bills... nah, too much infrastructure.

more than 4 years ago

Post-Suicide Account Cracking?

jbf Presumption of Cause of Death (812 comments)

Since the stated purpose is to determine whether or not this was a suicide or an accident, and since the cause of death is not described, and since the payment arrangements are not described, let me start with some assumptions.

1. Death was by traumatic injury.
2. Payment from some third party (generally an insurance company) would depend on whether or not the cause of death was suicide.

There is a rebuttable presumption in many states that death by traumatic injury is accidental, which shifts the burden of proof to the third party. If, in the course of litigating the claim against the third party, the third pleads/brings facts sufficient to overcome the presumption, you should get a subpoena that will open all the accounts for you. I'd avoid cracking the laptop myself if you're going to take this route: you want someone who appears unbiased to be looking through the files. Any destructive change may be considered destruction of evidence, and such would be construed as strongly as possible against the destroyer of that evidence.

IANAL. YMMV. Law may vary in your state.

more than 6 years ago


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