RIAA Accepts $300 Offer of Judgement In Carolina 165
NewYorkCountryLawyer writes "In a North Carolina case, Capitol v. Frye, the RIAA has accepted a $300 offer of judgment made by the defendant. This is the first known use, in the RIAA v. Consumer cases, of the formal offer of judgment procedure which provides that if the plaintiff doesn't accept the offer, and doesn't later get a judgment for a larger amount, the plaintiff is responsible for all of the court costs from that point on in the case. The accepted judgment in the Frye case (PDF) also contains an injunction — much more limited than the RIAA's typical 'settlement' injunction (PDF) — under which defendant agreed not to infringe plaintiffs' copyrights."
Re:Decent Resolution (Score:4, Insightful)
Re:Decent Resolution (Score:4, Insightful)
Re:Sorry for being picky, but... (Score:1, Insightful)
Re:I'm no lawyer, but (Score:5, Insightful)
Re:ha (Score:5, Insightful)
Re:I'm no lawyer, but (Score:3, Insightful)
Offer of Judgement (Score:1, Insightful)
Re:I'm no lawyer, but (Score:5, Insightful)
Stop playing their game.
Re:I'm no lawyer, but (Score:5, Insightful)
Finally, the real issue that was raised and to which I responded: There is no precedential effect, no matter how you take the Rule 68-based judgment. Legal precedents are only as to issues of law. It seems that no interpretation of law was made here, and any issues that were disposed of by the judgment are factual in nature. There is no such thing as a legally binding factual precedent.
Re:I'm no lawyer, but (Score:4, Insightful)
Re:I'm no lawyer, but (Score:2, Insightful)
Correct, except for the "plead guilty" part. That's only in criminal cases.
Re:I'm no lawyer, but (Score:5, Insightful)
Re:I'm no lawyer, but (Score:5, Insightful)
WTF are you talking about? It makes perfect sense.
Re:I'm no lawyer, but (Score:3, Insightful)
Which is why I was saying that you shouldn't help them do that.
Re:Isn't the minimum judgment $750? (Score:3, Insightful)
And yet, never any sanctions against RIAA lawyers (Score:2, Insightful)
Irking the judge has defensible standing in law?
If it does, how come that the RIAA's lawyers bringing meritless suits based on an almost total absence of evidence against a sizeable proportion of the young population has not yet irked any judge, and sent their lawyers packing?