tag:blogger.com,1999:blog-15479871.post113587127595074927..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: How the RIAA Litigation Process Worksraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-15479871.post-1136748815288255542006-01-08T14:33:00.000-05:002006-01-08T14:33:00.000-05:00Dear 'idrathernot2':1. The ISP doesn't challenge i...Dear 'idrathernot2':<BR/><BR/>1. The ISP doesn't challenge it, nor would it have any reason to incur expense in doing so. The only person who would have any interest in doing so is the subscriber, "John Doe". You ask who challenges that? The answer is that nobody challenges that.<BR/><BR/>2. Your 'hopes' unfortunately are not what happens. They do not furnish the subscriber with a copy of the summons or complaint, or with a copy of the rules. Neither do they furnish the subscriber with a copy of the papers upon which the ex parte order is based. And 'Advising' someone to retain counsel is real pretty, except that 'advising' someone to do something that is impossible isn't very helpful. How would it go: "Dear subscriber, although you don't know what's going on, we advise you to spend thousands of dollars retaining an attorney in a city thousands of miles from your home, where you don't know anybody, much less an attorney, and we advise you to have that attorney make a motion that will cost about $10,000, and will have to be made in about 3 or 4 days. Plus we cannot give you any information about the case, so you can't even tell whether you would or would not have grounds for making any such motion, and would have no clue as to whether the motion is likely to be granted or not. Hope we have been of service."<BR/><BR/><BR/>3. You can't challenge jurisdiction until you've been served. These John Does haven't been served, and never will be served in that action; it is a sham action which was never intended by the RIAA to be prosecuted. It was brought solely for the purpose of getting the ex parte discovery.<BR/><BR/>4. It's nice for you to say that it's the ISP's fault. However they are behaving the way any corporation does. They are not incurring any expense they are not required to incur. Period. <BR/><BR/>I.e., your first comment was based on a lack of knowledge, and accused me of "leaving out" something. For that reason, it was misleading. I left out nothing. My post accurately described what is going on all across the country, in more than 17,000 lawsuits so far. Your comment injected things which were merely 'hopes' on your part. I have many 'hopes' too. However 'hopes' are not reality.<BR/><BR/>By the way, in the one case I know of in which a John Doe was quick enough and lucky enough to get legal representation to vacate an ex parte discovery order before it had been acted upon -- <A HREF="http://recordingindustryvspeople.blogspot.com/2006/01/briefing-schedule-set-in-atlantic-v.html" REL="nofollow">Atlantic v. Does</A> -- the Judge has stayed the ex parte order and set a briefing schedule to consider whether the order should be vacated.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-1135970587666965102005-12-30T14:23:00.000-05:002005-12-30T14:23:00.000-05:00Your comment doesn't adequately recognize the real...Your comment doesn't adequately recognize the reality of the situation, and is I think misleading in the extreme.<BR/><BR/>1. The motion and order are absolutely ex parte. The subscriber is never given notice.<BR/><BR/>2. When the subscriber does learn that there is such an order, he is not provided with the underlying complaint, or with the underlying application for the ex parte order, or with anything showing the basis of the order. Nor do they provide you with the judge's rules and other documents which are normally provided to someone being sued in federal court. So the subscriber is given no information as to what he or she would be seeking to undo, or as to how to go about it.<BR/><BR/>3. If the subscriber were to try to challenge the order and subpoena, he or she has only a couple of days to do it, and the location of the court is often hundreds or thousands of miles away from where the subscriber lives, where he has no attorney, his family and friends have no attorney, and he may not know anybody at all. So his theoretical opportunity to make a motion to quash the subpoena and/or vacate the ex parte order is just that, purely theoretical. <BR/><BR/>4. The vast majority of the people receiving the notice from their ISP are not aware that they are defendants in a pending lawsuit.<BR/><BR/>Your suggestion that they have been afforded a fair opportunity to be heard in opposition, is meritless.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-1135966027515576392005-12-30T13:07:00.000-05:002005-12-30T13:07:00.000-05:00This comment has been removed by a blog administrator.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.com