Maine student Lawyers Fight Back!!!
Posted on 25/12/07 22:41 by Seán Byrne                             
Maine student Lawyers Fight Back!!!

Thanks to Quema34 for writting in with the following complete submit:  

The RIAA won't steamroll these law students. In fact, with the assistance of a supervising attorney, they have composed a very in-depth brief, pointing out the RIAA doesn't even show some kind of probable causality to justify its complaint in this cookie-cutter "Doe" lawsuit. This also details how the RIAA abuses the legal discovery process by bringing an unsubstantiated case--in hopes it will be 'handed' students names--which after it drops the complaint, then uses to contact students directly. In other words, not only does the RIAA not allow a student or defendant to 'face one's accuser' as is a right of every citizen under U.S. law, then by the ex parte motion, the defendant is never notified by mail of the complaint, nor can respond to rebut said claim.

Furthermore, note this is a civil case, which means in U.S. law, one side must establish a preponderance of evidence (i.e., provide sufficient proof to be 51% more 'believed' than the opposing party in order to win the judgment). Read the brief the student lawyers file and you'll see they are not only aware of precedent (former rulings estabilishing that the RIAA must provide sufficient evidence to support its claims), but also of Supreme Court rulings that have raised the bar so that the RIAA must meet more stringent standards to file a valid complaint that meets some real legal standards.

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By 88keyz, Thu 27 Dec 2007 00:07
88keyzNice to see somebody with some smarts fighting back for once. Though most smart people don't or shouldn't break the law and that includes LAW STUDENTS!

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