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RIAA Sues 19-Year-Old Transplant Patient 663

NewYorkCountryLawyer writes "Just when you think they've reached rock bottom, it seems the RIAA always finds room to sink a little lower. This time they've sued an innocent, 19-year-old transplant patient, hospitalized with pancreatitis and needing islet cell transplants. Although the young Pittsburgh lady claims that she did not infringe any copyrights, she failed to answer the complaint in time, and a default judgment was taken against her. A Pittsburgh area lawyer has stated that he will represent her pro bono and make a motion to open up the default."
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RIAA Sues 19-Year-Old Transplant Patient

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  • by caitsith01 ( 606117 ) on Sunday December 07, 2008 @08:35PM (#26025627) Journal

    ...but what does her state of health have to do with anything?

    Is there a suggestion they went out to find someone especially vulnerable?

    That having this disease makes it impossible for you to pirate music?

    That sick people should get a free pass on legal liabilities?

    This type of emotive argument is fairly silly and pointless. This person being sued is no worse an example than that of anyone else who is sued by these thugs.

  • by Cathoderoytube ( 1088737 ) on Sunday December 07, 2008 @08:37PM (#26025645)
    Just curious, why is the health of this person relevant in the case? I assume the RIAA didn't know this person was actually sick before they went after them. Course you can always get conspiratorial about this situation.
  • Artists? (Score:5, Insightful)

    by blind biker ( 1066130 ) on Sunday December 07, 2008 @08:37PM (#26025651) Journal

    When is it that the artists that sponsor the RIAA psychopaths, will say "enough, I don't want to be tainted with this shit"? When will they distance themselves from the RIAA? Or is the bling that the racket money gets them so important?

    I for one hope that every single artist that works for the RIAA (yes, FOR the RIAA) will be remembered in infamy. As in "X Y was a very gifted and prolific [vocalist/composer/guitarist/drummer], but his/her work for a RIAA label has tainted his/her biography."

  • Comment removed (Score:4, Insightful)

    by account_deleted ( 4530225 ) on Sunday December 07, 2008 @08:37PM (#26025653)
    Comment removed based on user account deletion
  • Re:What is this? (Score:5, Insightful)

    by Walpurgiss ( 723989 ) on Sunday December 07, 2008 @08:38PM (#26025663)
    It's basically the same as house robbers robbing people who are on vacation. They aren't around to see what you are doing and cannot respond in time to stop you.

    Easy money.

    Send your lawsuit letters to people you know are not home to receive them, and profit.
  • Wait, what? (Score:2, Insightful)

    by Anonymous Coward on Sunday December 07, 2008 @08:39PM (#26025677)

    It's unconceivable that a sick person would illegally download music?

  • by Anonymous Coward on Sunday December 07, 2008 @08:39PM (#26025683)

    The title of this story should be "RIAA Sues Innocent Person". Mentioning the illness is just a weak emotional appeal (not unlike "think of the children"); if somebody breaks the law, they ought to be punished as much as the next guy. Traditionally prosecution can and will give the guy a break out of empathy and basic human dignity (yes, lawyers are humans, too), but being in a bad spot is not a blank check to get away with crime. Assuming she is innocent, that ought to be enough to deserve our scorn.

  • by blind biker ( 1066130 ) on Sunday December 07, 2008 @08:40PM (#26025689) Journal

    IANAL either, but simply not being able to respond, seems solid enough.

    On the other hand, the RIAA has been suing dead people, too, and they definitely couldn't respond, either.... hmmm.....

  • Re:nt (Score:5, Insightful)

    by DivineGod ( 1160361 ) on Sunday December 07, 2008 @08:43PM (#26025727)

    Oh, an innocent 19 year old eh? How do we know this?

    Innocent until proven guilty.

  • by nickrout ( 686054 ) on Sunday December 07, 2008 @08:47PM (#26025763)
    Because in most jurisdictions court proceedings are privileged, ie cannot be the subject of a slander or libel suit.
  • Re:nt (Score:5, Insightful)

    by ral8158 ( 947954 ) on Sunday December 07, 2008 @08:49PM (#26025789)

    I think you need to take a step back, look at your post, and think about what you are saying. You are saying that because the RIAA sued her, she is probably guilty. In this legal system, the way it works is the opposite: She is innocent of the crime until a court of law has proved her guilty, and we should treat her as such.

    Has the RIAA's marketing made you think otherwise?

  • by Anonymous Coward on Sunday December 07, 2008 @08:52PM (#26025821)
    No, you really don't have to. There is a thing called freedom of speech that we enjoy in this country.
  • by NewYorkCountryLawyer ( 912032 ) * <ray AT beckermanlegal DOT com> on Sunday December 07, 2008 @08:58PM (#26025885) Homepage Journal
    I knew when I posted this that a certain significant minority of Slashdotters, or AC's, would come out of the woodwork saying that the defendant's illness and poverty are irrelevant, so I'll say this once:
    -I'm a lawyer
    -I don't bring lawsuits against helpless people
    -I wouldn't accept any client who wanted me to do that
    -yes she is innocent, as anyone knows who RTFA
    -it is not really newsworthy that she is innocent because of the 40,000 people sued by the RIAA, probably 20,000 to 30,000 are innocent
    -yes defendant's illness makes it harder for her to deal with the case and defend it
    -yes defendant's illness makes it more morally opprobrious to sue her, without at least investigating beforehand to make sure she is in fact liable for copyright infringement, especially when -- as in these cases -- the plaintiffs' actual damages are probably in the neighborhood of $3 or $4
    -yes it matters that she is sick and impoverished because being subjected to a lawsuit gives such people more anxiety and depression, and more severely impairs their health, than it would to someone who is healthy and has plenty of money
    -these types of cases demonstrate more vividly than others how ridiculous, cruel, and immoral the RIAA's suits are, and what an embarrassment they are to the federal court system which has permitted them to exist
    -yes her poverty and illness and depression were factors in her failing to respond on time, since it is usually impossible for someone in her position to get a lawyer to take her case.

    And to those of you who think that it's okay to bring suits against helpless people, I repeat what I've said to you before; that is not a legal question, it's a moral question. And if you really believe what you're saying, you have different morals than I have. And if you think it's okay, my personal moral evaluation is as follows: you can rot in hell along with the RIAA ghouls who do this sort of thing.
  • by SoupIsGoodFood_42 ( 521389 ) on Sunday December 07, 2008 @09:00PM (#26025911)

    I assume the RIAA didn't know this person was actually sick before they went after them.

    I thought that was part of why people disagree with what the RIAA is doing here. How can you blindly file lawsuits against people you know nothing about?

  • Re:What is this? (Score:4, Insightful)

    by Manfre ( 631065 ) on Sunday December 07, 2008 @09:04PM (#26025961) Homepage Journal

    Unfortunately, people who serve papers can easily lie.

  • Re:nt (Score:1, Insightful)

    by Anonymous Coward on Sunday December 07, 2008 @09:05PM (#26025969)

    but does that make her innocent? Does anything mentioned in the summary or articles?

    The Sauros [thepittsburghchannel.com] said they've lived in their home since Ciara's father moved out. They claim the Internet account in the lawsuit was opened by him at his new address.

    Not proof of course but it will be easy enough for the lawyer to check it and bring it to court. Between that and the fact that it is a common stunt amongst the poor to open an account in their child's name when their own credit is messed up already, I would tend to believe them here. That putting their child's credit at risk is more acceptable when it means getting water/sewer, gas or electricity turned on where the child is living then it is for snagging internet or utilities for themselves away from where the child lives.

    Would be nice if this being in the news brought some attention to the girl from the Pirates, the Steelers or some charity etc, sounds like they need more help then just getting this copyright infringement case cleared up.

  • kdawsonfud (Score:4, Insightful)

    by El Lobo ( 994537 ) on Sunday December 07, 2008 @09:06PM (#26025979)
    I'm the last one here to sympathize with RIAA, but these headlines on slashdot are getting more and more sensationalist every day. When you see in the headlines some subject like RIAA, Microsoft, Sony or other corporation that get no love here, together with keywords like "cancer patient", transplant, blind, poor leprous boy, etc, my warning signal get automatically on. And when you see that the editor is kdawson, who is infamous for selecting inflammatory articles about some very specific subject you know that this probably will be another one side of the coin article.

    We **really*** don't know the details about this case more than the one side story from that lady mentioned in the article. Sure , she claims to be innocent, but that's the judges work to determine. And no, being terminally seek doesn't give you free way to break the law.

    That said, I hope the RIAA goes to hell, but I really hope that slashdot gets back to serious articles and stop being a yellow tabloid. or I really hope kdawson evaporates from that editor position.

  • How can you blindly file lawsuits against people you know nothing about?

    Thank you. A civilized person. How refreshing after reading several posts suggesting that this sort of thing is okay.

    It is not okay in the America I come from.

  • by gelfling ( 6534 ) on Sunday December 07, 2008 @09:12PM (#26026023) Homepage Journal

    Pretending the RIAA can respond rationally is a waste of time and effort. I'm afraid that even in our modern society it is time, it's really time to apply brute force on these people. Maybe it's silly to pick out this one arena but there you have it. I think that the RIAA should be singled out for acts of terrorism against them. I think the RIAA should be targeted for killing. All they represent is fascism with a friendly face.

    Yes it is extreme but that's what it will take. Sorry if you feel the need to moderate the fuck out of this. It is truly what I believe.

  • by Yacoby ( 1295064 ) on Sunday December 07, 2008 @09:18PM (#26026079)

    I don't think it's fair that a Ferrari costs several hundred grand. I don't think it's fair that the cops'll track me down and arrest me if I steal one from a forecourt

    Could you please explain to me what theft has got to do with copyright infringement?

  • by DarkOx ( 621550 ) on Sunday December 07, 2008 @09:26PM (#26026175) Journal

    I agree the summary is badly written. Her medical condition is relevant because this was a default decision. She was not represented and did not represent herself because she failed to respond. If the reason she failed to respond is because she could not do so for medical reasons then basic fairness is that the decision should be vacated in light of that fact and she should get a civil trial. Since the matter is more then $20 she is even entitled to a jury if she wants one.

    A judge needs to examine the information that is available and decide if she could have responded to the court, if the answer is no then the decision case should be reopened if she could reasonably responded then the decision should stand.

  • by QuantumG ( 50515 ) * <qg@biodome.org> on Sunday December 07, 2008 @09:41PM (#26026339) Homepage Journal

    Copyright doesn't work the way the RIAA would like it to work. Unfortunately, the court system doesn't work the way any sane person would like it to work, either.

    Giving out monopolies powers was never a good idea. It was suffered because the benefit was considered greater than the harm. The RIAA is just making it painfully obvious that this is no longer the case.

  • by whoever57 ( 658626 ) on Sunday December 07, 2008 @09:43PM (#26026359) Journal

    Perhaps we need to highlight the actual artists in whose name these lawsuits are being filed. If the artist doesn't wn the copyright, then, perhaps we should say "....'s label sued xyz over sharing the track abc".

    There is a reason that the labels are using a faceless organization such as the RIAA for these lawsuits -- we should make the labels' and artists' faces visible.

  • Absolutely. (Score:5, Insightful)

    by Xenographic ( 557057 ) on Sunday December 07, 2008 @09:43PM (#26026361) Journal

    > Innocent until proven guilty.

    It doesn't hurt that the investigations are done by a for-profit, unlicensed company operating illegally[1], using suspect methodology that they were not able to justify using the relevant legal standards[2], and which has not been peer-reviewed by any independent authority.

    [1] Based on the representations made by the relevant licensing bodies in the states which sent them letters.

    [2] Based on their non-answers in response to one of NYCL's deposition wherein they seemed to me to be not merely ignoring the relevant legal standards for "scientific" evidence like this, but actually unaware of them. They get away with it due to an abuse of the "business records" exception which, IMHO, is ridiculous when applied to a for-profit company that profits whether or not the records are accurate (thanks to settlements and default judgments from people who can't fight back) and which does little EXCEPT produce records that are intended to be used in court.

    Frankly, I can't imagine how they get away with this except insofar as judges are ignorant of their operations or perhaps of the rationale behind the business records exemption (which lets them present their records as legal evidence), because the effects are simply absurd.

    Perhaps I should start a company that does "pedophile detection" using my own suspect methodology (picking names from a list of RIAA employees and lawyers) and send that to the cops to see how they like it. Won't somebody please think of the children?

  • by Anonymous Coward on Sunday December 07, 2008 @09:49PM (#26026411)

    It's been said before but apparently just won't sink in...

    The RIAA is a sham, a FRONT for the organizations that we should actually be hating, namely;

            * EMI
            * Sony Music Entertainment
            * Universal Music Group
            * Warner Music Group

    They have built this front so they can treat their paying customers like criminals without it affecting their corporate image or SALES.

    We vent our hate on the RIAA and the record companies can continue screwing both the artists and the music buying public.

    If every time someone spouted "Fuck the RIAA" they just substituted any (or all 4) of the companies driving the RIAA's actions it would be a very different story.

    Think about it, the RIAA sells NOTHING so you can't boycott them, you can't affect them in any way.
    YOU aren't their customers.

    So we are powerless to do anything about;
    "RIAA Sues 19-Year-Old Transplant Patient".

    However,
    "EMI/SONY/BMG/WMG Sues 19-Year-Old Transplant Patient"
    Lets us know who NOT to buy music from if we think their actions stink.

    Lets keep repeating this till the mainstream press starts repeating it eh?

  • Re:kdawsonfud (Score:4, Insightful)

    by bassgoonist ( 876907 ) <aaron.m.bruce@gm ... minus herbivore> on Sunday December 07, 2008 @09:52PM (#26026423) Journal
    God thank you. I was starting to get pissed at all these people jumping to conclusions. Next time I'm making near minimum wage and my kid is hospitalized for something like this I'll tell him to go rob a bank since apparently you can get away without going to court if you're sick...
  • by poopdeville ( 841677 ) on Sunday December 07, 2008 @09:59PM (#26026495)

    and you can jam your fucking morals. that's god speak. you probably want id taught in biology classes too. mercy is for weak little bible beaters.

    No, it's not "god speak". It's character, a trait you clearly lack (along with the ability to reason, humor, empathy).

    Bravado is not a substitute for strength.

  • I don't think calling what the RIAA is doing economic terrorism would be any kind of a stretch.

  • I was really surprised to see your preemptive strike against those damned Mucking Forons, but it appears that it was necessary, and and they still came anyway.

    Like night follows day, as soon as they hear about another RIAA suit against a defenseless person, they come out from under their rocks to proclaim that bringing garbage lawsuits against poor and disabled people is fine. So it's become quite predictable. Who these people are, I really can't fathom, but I certainly wouldn't care to have a beer with them.

  • by Nefarious Wheel ( 628136 ) on Sunday December 07, 2008 @10:53PM (#26026929) Journal

    I hope you, and NYCL, aren't trying to claim ...

    I think you might have skipped a step there. No, it isn't a free pass. That's not under discussion. But in the administration of justice there has to be a certain sensitivity to overall fairness and balance in the treatment of both sides, that's what it's all about. You don't sue people and try to score points off their inability to respond for medical reasons that are manifestly not under their control, that isn't fair. We treat gangsters better than that.

  • by Anonymous Coward on Sunday December 07, 2008 @10:54PM (#26026945)

    no 'small guy' should ever be sued by a whole team of lawyers.

    I think you are on to something there.

  • 1. No we're not "in the same boat". I have a lot more experience seeing the pain in the eyes, and hearing the pain in the voices, of the victims of this terror campaign. And apparently I don't have your cold and dispassionate way of looking at it.

    2. I have a simple "solution". The judges should apply the law, like this one [blogspot.com] and this one [blogspot.com] and this one [blogspot.com]. And if all federal judges just applied the law, this RIAA litigation plague would be over.
  • by gelfling ( 6534 ) on Sunday December 07, 2008 @11:07PM (#26027033) Homepage Journal

    They're screwing with people's survival. They're no different than a criminal gang.

  • by Skapare ( 16644 ) on Sunday December 07, 2008 @11:42PM (#26027427) Homepage

    But the case against Ms. Sauro is not legally sound. They just managed to get a judgment due to an arcane provision in the law that fails to require the courts themselves to verify a complaint before letting it impact the vic^h^h^hdefendant. We would not have so many cases that end up being lost by innocent people that cannot afford a defense, if this one aspect of civil process were to be changed.

  • by Skapare ( 16644 ) on Sunday December 07, 2008 @11:47PM (#26027499) Homepage

    If it was you, and you knew you didn't do the downloading, and you knew that your absent father had opened an internet account in your name, and you were charged with downloading, wouldn't you conclude it must have been him? I sure would.

  • by deniable ( 76198 ) on Monday December 08, 2008 @12:05AM (#26027735)
    I read it more as them getting a default judgment against someone laid up in hospital. What's next, coma patients? "Your honor, the defendant refused to be deposed. He claims he's in a vegetative state."
  • by Atario ( 673917 ) on Monday December 08, 2008 @12:28AM (#26027949) Homepage

    Because the MAFIAA isn't interested in willing anal.

  • Re:kdawsonfud (Score:3, Insightful)

    by PitaBred ( 632671 ) <slashdot@pitabre d . d y n d n s .org> on Monday December 08, 2008 @12:57AM (#26028279) Homepage

    Are you stupid? Because it really sounds like you are. She's not getting off (nor would your idiot child for robbing a bank), she's just being given a chance at a FAIR trial.

    You can get trials continued [wikipedia.org] if you're unable to attend for a valid reason. It's actually fairly common. That doesn't mean you don't ever go to court, but you just do so later, when you're able.

  • Re:What is this? (Score:2, Insightful)

    by harlows_monkeys ( 106428 ) on Monday December 08, 2008 @01:49AM (#26028719) Homepage

    Sadly this is how it works in civil cases

    What do you mean 'sadly'? It's good it works that way. Otherwise, anyone guilty in any civil case could simply not respond and escape liability.

  • Comment removed (Score:3, Insightful)

    by account_deleted ( 4530225 ) on Monday December 08, 2008 @02:45AM (#26029167)
    Comment removed based on user account deletion
  • Re:kdawsonfud (Score:5, Insightful)

    by Jurily ( 900488 ) <jurily&gmail,com> on Monday December 08, 2008 @07:50AM (#26030801)

    Next time I'm making near minimum wage and my kid is hospitalized for something like this I'll tell him to go rob a bank since apparently you can get away without going to court if you're sick...

    How would you like to have your hospitalized kid sentenced to jail because he can't show up in court, regardless whether he actually robbed that bank? That's what the article was about.

  • Re:hmm... (Score:3, Insightful)

    by NewYorkCountryLawyer ( 912032 ) * <ray AT beckermanlegal DOT com> on Monday December 08, 2008 @11:27AM (#26033121) Homepage Journal

    I'm sorry for the girl to have this illness, but having an illness doesn't mean you can't be sued and don't have to respond to legal notices.. I'm not saying she did it, but also I'm not saying she didn't. But by not responding to the lawsuit she just dug herself a deeper hole...

    Maybe you'll wind up in the same hole same day.

  • Re:What is this? (Score:3, Insightful)

    by NewYorkCountryLawyer ( 912032 ) * <ray AT beckermanlegal DOT com> on Monday December 08, 2008 @11:32AM (#26033209) Homepage Journal

    Not that I'm defending the RIAA.

    Then what were you doing?

  • by NewYorkCountryLawyer ( 912032 ) * <ray AT beckermanlegal DOT com> on Monday December 08, 2008 @11:40AM (#26033319) Homepage Journal
    Some posts accuse me of 'bias' against the RIAA. I don't really understand. Yes I detest them and their lawyers and other running dogs, but this isn't based on some preconception, or general mistrust or malevolence, or something I read in the papers. It is based on their deeds.

    If you want me to pretend to be objective and dispassionate about a gang of bullies and extortionists, who on a daily basis lie about the facts and try to twist the law... tough.

    Anyone who knows me knows exactly where I stand on this issue, and where I am coming from, so no one is misled by my bias.

    On my blog [blogspot.com] on a daily basis, sometimes many times a day, I present the actual underlying litigation documents, from both sides, so people can make up their own minds about how they feel, or about whether I'm making this stuff up.

    As for me, I know how I feel. I am in favor of the rule of law. And I am against bullies.
  • by PIBM ( 588930 ) on Monday December 08, 2008 @03:18PM (#26037439) Homepage

    Why not just use real bullets ? That would be a public service act!

  • by kelnos ( 564113 ) <bjt23@@@cornell...edu> on Monday December 08, 2008 @06:48PM (#26040547) Homepage

    Except their are legally responsible for knowing who they are suing

    No they aren't. They're legally responsible for providing evidence that the defendant did what they're accusing them of doing. They have no need to do research on the defendant's health, finances, or anything.

    the default ruling is a result of failure on the RIAA's part to put forward a legitimate case.

    No, the default judgment is a result of the defendant's failure to show up. The RIAA hadn't even gotten to the point where they had to prove their case (legitimate or otherwise).

And it should be the law: If you use the word `paradigm' without knowing what the dictionary says it means, you go to jail. No exceptions. -- David Jones

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