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SWATJester posted:http://en.wikipedia.org/wiki/American_rule ha ha crazy so it's literally intended to encourage litigation. Only in America...
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Nov 2, 2010 19:36
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commish posted:This is exactly what they want everyone to think. There are companies out there who do nothing but send demand letters like this and hope everyone has the same thought process as you. I still think it's bs and I'd wait for them to serve me. I've sent out and received many demand letters in my day, and the actual chance of litigation is pretty drat low. If I received a demand letter from a divorce lawyer working in his own practice, I'd tell him to go gently caress himself. You really think this divorce lawyer is going to take anyone to trial over a copyright dispute? And this is why a legal questions thread where anyone can reply is no substitute for a lawyer. Uh, this isn't some emailed demand letter for a bajillion dollars from random guy on the Internet. This is actual suit that has already been filed in federal court against the poster. Serving someone (especially if you know their address) is trivial. I haven't looked it up on PACER, but Googling the OP's cause number brings up this petition: http://www.zeropaid.com/wp-content/uploads/2010/09/lightspeed_v_does.pdf It doesn't matter if the Plaintiff retained Lionel Hutz to represent them, if the Defendant doesn't take certain steps in a lawsuit he can lose the case before they even get to a trial. The OP absolutely needs to talk to a lawyer ASAP.
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Nov 2, 2010 19:47
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SWATJester posted:What part of "a lawsuit has not yet been filed" are you not getting? He is not yet a party to a lawsuit. So? Why is it a bad idea to request discovery on your own? EDIT - And it's for downloading/uploading/whatever adult content, I wonder what pornography studio this is?
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Nov 2, 2010 19:56
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For the same reason it is a bad idea to handle any litigation of this level of seriousness pro se. Because you don't know what you are doing and you could make a serious mistake.
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Nov 2, 2010 19:57
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SWATJester posted:For the same reason it is a bad idea to handle any litigation of this level of seriousness pro se. Because you don't know what you are doing and you could make a serious mistake. From my understanding, when doing a "discovery request" are you're asking for is the evidence against you. How could anyone gently caress that up? :cowboy: Yes, I'd like to request discovery. :chick: Okay, your name sir and the case # :cowboy: Okay, my name is Bob and the case # is 525 :chick: Okay, it's in the mail :cowboy: Oh! By the way I'm totally guilty and killed that mofo and I've got a dozen unpaid parking tickets!
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Nov 2, 2010 20:11
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That is not how the conversation goes and it's painful to even think about how that conversation would actually go.
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Nov 2, 2010 20:15
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GamingHyena posted:And this is why a legal questions thread where anyone can reply is no substitute for a lawyer. You're right. It's a letter about Tawnee videos from a divorce lawyer in Illinois. Filing a suit is great and all, but the guy hasn't even been served yet. Serving someone is most certainly not trivial, as it is necessary for this supposed lawsuit to go forward. Yes, if he's served, then the OP would need to respond or risk losing. We aren't even at that point yet. This is a mass lawsuit against 100 unnamed people. These types of mass copyright lawsuits are increasingly common: http://arstechnica.com/tech-policy/news/2010/06/the-riaa-amateurs-heres-how-you-sue-p2p-users.ars As the article said, these mass suits are designed to get people to settle. The divorce attorney does not plan on taking 100 people to trial; I think we can all agree to that. He and his client want to settle for a few thousand dollars. The risk is being one of the people that is taken to trial and being made an example of. You're right. This is a public message board and anyone can reply. This is no substitute for a personal lawyer, and the OP should get one, but for better or worse, I AM a lawyer. An IP lawyer at that, and I even used to work for some organizations who would send out a bunch of demand letters very similar to these and my clients still get and send these types of letters. Filing a lawsuit is one thing, but litigating is SUCH a huge risk and expense for plaintiffs that it's not something any plaintiff wants to do unless they have deep pockets or they are certain they are going to win. Plaintiff here has two options if OP refuses to settle: ignore OP and continue to collect settlements from other people from now until eternity, or take OP to trial and risk losing, thus destroying any hope for future settlements. Fortunately for the plaintiff here, most people are scared to death of going to trial and gladly pay the $2500 to be rid of the problem. I would never recommend against someone hiring a lawyer to protect themselves, but, personally, I'd bet anything that this demand letter will go absolutely nowhere. Again, not legal advice, just my two cents 
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Nov 2, 2010 20:20
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eviljelly posted:That is not how the conversation goes and it's painful to even think about how that conversation would actually go. Really, when I got charged with passing a school bus, I called up, gave them my fax and got everything with-in two minutes. Someone, please tell me how to gently caress up the discovery process.
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Nov 2, 2010 20:22
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Disclosure from the state is pretty different from civil discovery dude.
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Nov 2, 2010 20:28
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Tab8715 posted:Really, when I got charged with passing a school bus, I called up, gave them my fax and got everything with-in two minutes. Getting written discovery in a civil suit is very different from getting discovery in a criminal matter, in which the prosecutor is required to give you Brady evidence, for instance. I've seen even represented parties in civil cases not ask for the right stuff, and, consequently, not get crucial evidence. Hey, but you handled a minor traffic violation case on your own, so I guess whatever.
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Nov 2, 2010 20:30
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Tab8715 posted:Really, when I got charged with passing a school bus, I called up, gave them my fax and got everything with-in two minutes. Because this is a federal case and is governed by the federal rules of civil procedure which have very clear and strict steps about how your discovery must proceed, when it must proceed, and what you must do before proceeding.
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Nov 2, 2010 20:30
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Well, here's how you can assess your risk in a totally emotionally detached manner: P = percent chance of going to trial and losing D = damages awarded to the plaintiff if you lose F = attorney's fees spent defending the lawsuit If (P*D)+F > 2400, then the bleep bloop robot rational thing to do would be to settle, but the reality of D potentially being big enough to gently caress your life completely would scare most people into just settling even if it's not. Hiring an attorney will help you figure out what all those variables could be, and he can help you to make the right choice.
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Nov 2, 2010 20:37
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Tab8715 posted:From my understanding, when doing a "discovery request" are you're asking for is the evidence against you. How could anyone gently caress that up? Objection: Request is overbroad and demands that Plaintiff marshal all of his proof. GRANTED. Great job there champ, welcome to civil litigation. G-Mawwwwwww fucked around with this message at 21:09 on Nov 2, 2010 |
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Nov 2, 2010 21:06
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Tab8715 posted:From my understanding, when doing a "discovery request" are you're asking for is the evidence against you. How could anyone gently caress that up? That reminds me of the scene in The Office where Michael walks out into the office and yells, "I DECLARE BANKRUPTCY!" and thinks that's all he has to do to declare bankruptcy.
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Nov 2, 2010 21:13
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Tab8715 posted:In the mean time you could request discovery, which requires them to give all the evidence against you. Went back to the first post by this guy re: the porn lawsuit, had myself a good lol here.
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Nov 2, 2010 21:21
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Tab8715 posted:Really, when I got charged with passing a school bus, I called up, gave them my fax and got everything with-in two minutes. So your argument is that a traffic offense in state court is the same as civil litigation in federal court? quote:Someone, please tell me how to gently caress up the discovery process. Waiving potential defenses.
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Nov 2, 2010 21:23
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Tab8715 posted:Really, when I got charged with passing a school bus, I called up, gave them my fax and got everything with-in two minutes. ... PoOKiE!?
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Nov 2, 2010 21:43
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I'm talking to a lawyer tomorrow but it does seem likely that the 2400 will have to be paid because it is actually the less risky/cheaper option. Also, I don't want my name associated with this case in the future. Sucks though considering I'm not responsible
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Nov 2, 2010 21:58
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Hungry Joe posted:I'm talking to a lawyer tomorrow Get questions together for your lawyer - make sure you write them down before you go see him/her. Good luck.
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Nov 2, 2010 22:00
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Hungry Joe posted:I'm talking to a lawyer tomorrow but it does seem likely that the 2400 will have to be paid because it is actually the less risky/cheaper option. Also, I don't want my name associated with this case in the future. Sucks though considering I'm not responsible Good luck! $2400 isn't a lot to just make the problem disappear forever. Frustrating, though, since you didn't do it.
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Nov 2, 2010 22:08
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Tab8715 posted:Really, when I got charged with passing a school bus, I called up, gave them my fax and got everything with-in two minutes. You gently caress up the discovery process by not completely understanding and using to your advantage Federal Rules of Civil Procedure 26 - 37. I suggest you, or any other non-lawyers who are curious why what you said is such horrible advice, look them over. http://www.law.cornell.edu/rules/frcp/#chapter_v
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Nov 2, 2010 22:18
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i saw dasein posted:ha ha crazy so it's literally intended to encourage litigation. Only in America... Of course the reality is that the little guy can't sue anyone because he doesn't have the money for litigation in the first place. Under the English system you can have a go at it if you have good chances of winning. What happens under our system is that people settle early while there are few costs so everyone gets off lightly. Under the American system the big guy can just keep things going until the little guy runs out of money.
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Nov 2, 2010 22:18
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Also in England and Wales there's CLS to assist the poors with civil law aid, while in America there is 
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Nov 2, 2010 22:38
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Alchenar posted:Of course the reality is that the little guy can't sue anyone because he doesn't have the money for litigation in the first place. Yeah I'm canadian we use the English model, it makes a lot of sense to me.
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Nov 2, 2010 22:43
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everyone posted:ur dumb, I asked for an example, no one gave me one other than "well, these guys said it's a bad idea, just because". I then gave my own, from my real life only to be told it's a civil case, i'm stupid, blah, blah, blah. You guys are unreal.
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Nov 2, 2010 22:49
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Tab8715 posted:I asked for an example, no one gave me one other than "well, these guys said it's a bad idea, just because". I then gave my own, from my real life only to be told it's a civil case, i'm stupid, blah, blah, blah. Nobody's here to give civil procedure lectures and giving coherent and useful advice within the confines of what's professionally ethical gets ever more difficult with non-lawyers like you generating white-noise in the thread.
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Nov 2, 2010 22:54
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Tab8715 posted:I asked for an example, no one gave me one other than "well, these guys said it's a bad idea, just because". I then gave my own, from my real life only to be told it's a civil case, i'm stupid, blah, blah, blah. Because it's more important to say "Hey, OP, go into the doctor's office and get a cast put on your broken arm" than to explain to YOU why we're not treating this as an ingrown toenail.
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Nov 2, 2010 23:09
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Tab8715 posted:I asked for an example, no one gave me one other than "well, these guys said it's a bad idea, just because". I then gave my own, from my real life only to be told it's a civil case, i'm stupid, blah, blah, blah. It's because you're pulling things out of your rear end. Discovery is an incredibly complicated and in-depth process in civil cases, relying on precise wording and knowledge of the law.
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Nov 2, 2010 23:21
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CaptainScraps posted:It's because you're pulling things out of your rear end. Not to mention, it's incredibly boring to talk about.
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Nov 3, 2010 01:20
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Well I got the complaint for my former employer filed with the L&I. Sadly though he's an ex marine and tends to get physical with a lot of things. I have a sneaking suspicion he's going to call me and threaten physical harm to my person. I have been told that recording the call without notifying both the parties dismisses it as permissible evidence, but I don't think he's going to say that if I lead off with "Oh btw the call is being recorded." Maybe I'm just paranoid but this guy has been known for some very shaky things. So can I record the call and use it if he threatens to beat the crap out of me or ... what are the specifics on that?
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Nov 3, 2010 02:35
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Shang Yang posted:Also in England and Wales there's CLS to assist the poors with civil law aid, while in America there is In America there is The All New Legal Questions Mega-O-Wamma 
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Nov 3, 2010 04:58
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All legal aid orgs must immediately rename themselves Mega-O-Wammas.
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Nov 3, 2010 06:25
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So I spoke to a lawyer yesterday and he told me that shits legit and that I am responsible since the bill is my name. He also said that fighting this thing would end up costing way more than the 2400. Advice that was pretty much echoed in this thread. My roommate has offered to pay only half so I'm out $1200 and I am changing the internet service so that it will only be in my room and he'll have to get his own. Also, the lawyer is writing up a letter to go with the payment that states that me paying is not an admission of guilt etc. Anyway, Goons thanks for the advice
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Nov 4, 2010 15:47
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Hungry Joe posted:So I spoke to a lawyer yesterday and he told me that shits legit and that I am responsible since the bill is my name. He also said that fighting this thing would end up costing way more than the 2400. Advice that was pretty much echoed in this thread. Sucks, man. I spoke with some of my non-lawyer friends who use torrents quite a lot, mainly because I disapprove of IP piracy but also because I wanted them to be aware of these sorts of legal threats. My friends, who are apparently smarter than your roommate, told me that they don't use public trackers, at all, and that the communities they get their torrents from are very private and invite-only. So I guess the moral of the story is that if you are going to use torrents to steal other people's intellectual property, at least be careful and don't use public trackers. Mind you, I've never used a torrent in my life, so I'm not even sure I understand the difference between "public" and "private" trackers, and I don't even really understand what a tracker or a torrent is.
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Nov 4, 2010 16:04
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Hungry Joe posted:So I spoke to a lawyer yesterday and he told me that shits legit and that I am responsible since the bill is my name. He also said that fighting this thing would end up costing way more than the 2400. Advice that was pretty much echoed in this thread. That sucks hungry joe. I still believe it's complete bullshit, but sometimes just paying for the sake of convenience wins out. I'd also make your roommate pay for all that, since it seems like he was the one who downloaded it.
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Nov 4, 2010 16:23
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This is a pretty insignificant question but here goes: I live in a dormitory in Boulder, CO that isn't school affiliated and owned privately. My room is across the hallway from the dorm's bathroom, which slams shut and rattles the entire dorm because its hydraulic door closer is broken. I'm losing sleep over this due to people going to the bathroom at all hours of the night. Can I legally get the owner to fix this? He seems to take quite a bit of arm twisting to get even major issues changed. Example: Everyone in the dorm wants the door code changed and there has been several cases of non-residents using the bathrooms - the living room's TV has even been stolen, but I've been here for almost 3 months and nothing has happened - it practically doesn't cost a thing to have it changed either. Catsoup fucked around with this message at 21:36 on Nov 4, 2010 |
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Nov 4, 2010 21:33
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What'd he say when you asked him to fix the door?
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Nov 4, 2010 21:42
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Catsoup posted:This is a pretty insignificant question but here goes: Tell your landlord that the door code fails to keep out non-residents and therefore the dormitory is unsafe, which is a violation of the implied warranty of habitability--> cite 38-12-505(j) to him, and tell him that the door code fails that part of the statute. Tell him that you will report/sue him for this breach of the warranty, unless he fixes the door closer as well. Here are some fun Colorado statutes: Colorado Code Section 38-12-503. Warranty of habitability: quote:(1) In every rental agreement, the landlord is deemed to warrant that the residential premises is fit for human habitation. Colorado Code Section 38-12-505. Uninhabitable residential premises: quote:(1) A residential premises is deemed uninhabitable if it substantially lacks any of the following characteristics: Mind you, I'm not an attorney in Colorado, and I don't actually think you should sue (not worth the money), but you could throw these statute cites around, and bluff him into changing things.
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Nov 4, 2010 21:55
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I'd just prop that bathroom door open every night, or put a small rubber bumper so it doesn't slam.
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Nov 4, 2010 22:38
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Loopyface posted:What'd he say when you asked him to fix the door? Thanks entris - I'll quote that an in e-mail to him if things take too long to change (which they probably will) commish - I've been trying to pad the door with some shock absorption, but I guess I'll just put a door stop in there so it'll just land on that as a temporary fix. Catsoup fucked around with this message at 00:06 on Nov 5, 2010 |
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Nov 5, 2010 00:03
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