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.
Tim Wu, the Colombia University law professor and anti-trust/competition expert who coined the term “Net Neutrality,” has published an open letter to Tim Berners-Lee, the creator of the web and director of the World Wide Web Consortium (W3C).
Rogue archivist Rick Prelinger writes, “Oakland students planned to paint a mural on a dark freeway underpass in their city. The project is stalled because Caltrans asserts copyright to murals on its property. The details are a bit sketchy, but there’s a petition here.
Steven Boyett writes, “Humble Bundle has released a unicorn-themed Bundle, with proceeds to benefit the World Wide Fund for Nature and Fauna & Flora International. For as little as $1.00, you can get Ariel, by Steven R. Boyett (full disclosure: that’s me); Unicorn Mountain, by Michael Bishop; Homeward Bound, by Bruce Coville; and Unicorn Triangle, […]
Bamboo has lots of uses beyond just being panda food. Things like bikes, roads, scaffolding, and musical instruments are made from the fast-growing grass. But unless you are participating in a tropical-themed LARP, you probably wouldn’t want a shirt made from bamboo stalks. So why do bamboo bed sheets make any sense? Because yarn extracted from […]
If you want to work in tech, but don’t have any desire to code web apps to help businesses sell things to other business, you might want to consider a career in cybersecurity. Judging from the apparent complete infiltration of Russian hackers in American cyberspace, it seems fair to speculate that there’s a major shortage of […]
All moms are different. But all moms like getting flowers on Mother’s Day, and that’s a fact (not, however a fact we can document in any fashion.) Instead of getting chewed out for forgetting to call her on the second Sunday of May, you can take care of it ahead of time with Teleflora’s flower […]