Friday, February 06, 2009

Summons and complaint served on January 30th in LaFace Records v. Griffin

Obviously, regardless of what it is telling the Wall Street Journal, the U.S. Congress, and the N.Y.S. Attorney General, the RIAA has no intention of ending its litigation campaign anytime soon.

I just came across a return of service in Massachusetts indicating service of a summons and complaint on January 30th, in LaFace Records v. Griffin.

Additionally, as mentioned yesterday, the RIAA is collecting assignments of default judgments it has obtained, and is commencing new judgment enforcement proceedings against the defendants.

Return of service in LaFace Records v. Griffin

Commentary & discussion:

Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player


Alter_Fritz said...

and again, alter_fritz comes to the rescue for evil4!

Mabe I should apply for a job there? ("Geld stinkt nicht")

Nah, I guess I'm too much mensch to work for them.

But non the less, for their defense, this too is an old case that was already tried to serve in july last year!

And Evil 4's Gestapo Unit RIAA never claimed that they will not persue "old" cases.

You honest guys are just not enough language obsessed to see the beauty of their spokesperson statements!

(And remember, their illegal investigators (those they fired lately) had produced them probably tens of millions of datafields containing IP address/timestamp/files we downloaded values.
These are "old cases" lasting for a few more decades courttime.)



Anonymous said...

Gee, looks like improper service to me...

Does not the rules of Venue state the person is supposed to be sued in the district where the defendant is found?

The process was served in INDIANA, not MA. Also, it was not actually served on the Defendant, but instead on her Father.

The previous attempt shows that they attempted to serve at her mothers house in MA. Hmm, if her mother lives in MA and her father lives in IN, might they be divorced?

Shouldn't they be suing in a US District Court in INDIANA? But then again, she might not in fact ever lived in IN with her father. In which case the substitute service on the father is not worth the paper it is printed on.

Also, I noticed this one must have cost the RIAA a lot of money. It says 140 miles travel for "Rush Process Service" Too bad it is not valid if the defendant in fact now lives in Indiana, as the process came from the wrong court.

Did we not have something like this happen before? I seem to remember some service, I think on a service provider (Verizon??) that came from Massachusetts but was attempted to be served in Washington DC or Maryland area. At that time they got it tossed because the rules only allowed a certain distance from the Court in certain border states only. Last time I checked, Indiana is nowhere near MA.

Maybe the EFF or somebody could help her file a special appearance to have the process dismissed.

There also seems to be some funny business here as well, comments are made on the Certificate of service that the server made contact with the Defendant. Wonder in what STATE that contact was in?? And, If so, why didnt the server go ahead had personally serve the Defendant at that time? They got to know that if the Defendant does not live with her father that service is void......

I suggest the most likely events were: Student lived on campus till the end of term. Moved back to mother's house, then the both of them moved without forwarding address and the RIAA cannot find them. They did find the father though and thought service on him might slip thru when they file for a default. After all, we know they have been getting away with more than this in most of there cases.

Only a small handful of Judges seem to read their paperwork and question giving them a default. Those Judges seem to be the only ones that are fully doing their jobs. Considering the large calendars in most districts, I can understand the rest slipping thru. Just wish that they did not....