The RIAA's file-sharing lawsuit against a homeless man has run into some snags:
In Warner v. Berry, where the RIAA was suing a man who lives in a homeless shelter, the Magistrate Judge -- Hon. Kevin Nathaniel Fox -- recommended that the plaintiffs' application for a default judgment be denied, and that the plaintiffs be ordered to show cause why they should not be sanctioned under Rule 11. The Judge agreed that the default judgment should be denied, but chose not to sanction plaintiffs' attorneys...
The Magistrate Judge found that "[b]y affixing the summons on April 9, 2007, the
plaintiffs demonstrated they never intended to conduct 'a thorough address
investigation ...' because they employed the 'affix and mail' method of service
without exercising due diligence to effect personal service pursuant to CPLR s
308(1) and (2)." Magistrate Judge Fox concluded that Plaintiffs' representation
to this Court to the effect that they intended to conduct an investigation to
locate Defendant's current address implicated Fed.R.Civ.P. 11(b) because it was
made for the improper purpose of unnecessary delay.
We can only hope that this won't prejudice the court in the matter of Warner, Electra et al Versus Charitable Hospice for Dying, Helpless, Starving Children Who Rescue Puppies From Burning Buildings and Volunteer at the Old Folks Home.
The Electronic Frontier Foundation has just filed a lawsuit that challenges the Constitutionality of Section 1201 of the DMCA, the “Digital Rights Management” provision of the law, a notoriously overbroad law that bans activities that bypass or weaken copyright access-control systems, including reconfiguring software-enabled devices (making sure your IoT light-socket will accept third-party lightbulbs; tapping […]
In spring, 2015, American farmers started to spread the word that John Deere claimed that a notorious copyright law gave the company exclusive dominion over repairs to Deere farm-equipment, making it a felony (punishable by 5 years in prison and a $500K fine for a first offense) to fix your own tractor.
The Bookworm Rug (100% woven polyester) come in 2′ x 3′ ($28), 3′ x 5′ ($58) and 4′ x 6′ ($79), and feature a selection of spines from some rather good books, including Iain Banks’s debut “The Wasp Factory” some Virginia Woolf, Charles Bukowksi and Haruki Murakami. (via Bookshelf)
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