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34 Comments
- Foenetik, on 10/12/2007, -0/+2You can read the full transcript here... http://riaalawsuits.us/elektra_santangelo/transcript050506.txt
- mcbesq, on 10/12/2007, -0/+2Just read the transcript. Another point worthy of note. The defendant was pro se, based on the fact that the summons and complaint had just been filed. Traditionally, pro se litigants are given much more latitude than those with counsel.
As for the Judge- there's nothing outrageous about her conduct at all, or informative about her "attitude." Judge McMahon came up through the New York State court system, which, is quite different than what you might expect from its portrayal on TV. She shows a sense of humor and a desire to get resolution for the case, probably like every other case on her docket.
@Atomi
Judge McMahon's New York Post comment shows no bias at all. The NY Post is a sensationalist-type newspaper, replete with the "GOTCHA" type headlines on its front page. Her comment was that if she had been sued for file-sharing, because she is a Judge, she would find herself on the front page of the NY Post. It's not a comment on the validity of the suit at all.
Bottom line: no one was "pwned" at that hearing. The Judge was merely "reminding" the RIAA attorney that this case is a federal lawsuit, and the federal rules do apply. That goes for the rules against frivolous litigation. Ultimately, the Judge was reminding the RIAA attorney that the suit was for damages for loss of revenue for eight songs ($7.96 at the going market price) - adml_shake, on 10/12/2007, -0/+2wow, i just read the transcript, that is awesome. I think we may finally have a judge that wont put up with the ***** of the RIAA, and may actually CARE about the law. You can tell he had no love for that lawyer.
- snapcase, on 10/12/2007, -0/+1I could swear I've seen this posted before... The only thing I don't like about this is that the lady blames Kazaa for the whole mess....
- kevdaug, on 10/12/2007, -0/+1In the last line of the transcript, the judge says she will make this a "quick trial." That looks good for the defendant. I hope this judge will give a stong message to the RIAA, "Stop the ***** lawsuits!"
- dclowd9901, on 10/12/2007, -0/+1Just because the judge spoke directly to the Attorney doesn't mean jack. There's nothing here that indicates that he's taken any sides in the situation. You guys would know this if you've ever done any sort of court-reporting. This kind of direct-speak is so common, it would make your head stand still.
- SillyRabbit, on 10/12/2007, -0/+1Thank you, feminazi.
- xafan, on 10/12/2007, -0/+1icefrakker, perhaps. But does it really matter? It's not like it's not true or something. Nor is it like the majority of federal judges are female either. Most would probably consider it noteworthy, including myself.
- Ratteler, on 10/12/2007, -0/+1The fact is the RIAA has been using litigation as a form of terorism against the people of the United States of America. That is what you call it when you use fear to get some one to do what you want without due process.
This case will set the legal precedent by which all future cases are decided, and it a lone with no legal representation vs. the RIAA Army of legal darkness is one big f*cking longshot.
The questions that need to be asked are... did the RIAA violate her right to privacy to get this information?
I belive there is a resonable expection that PEER to PEER communication should be considered AS confidential as a phone call.
No private corparation is allowed to monitor a phone call from your home. A warrent must be sworn out and then A LAW ENFORCMENT OFFICER does the tap.
The RIAA has based all these lawsuits on ILLEGAL hearsay evidence gathered by investigation conducted without the help of law enforcment, thereby denying every defendant due process.
Hopefully some one on this womans side (she has been consulting with EEF lawyers event hought she is representing herself) has explored this angle of attack, because I think it's the only way to win this.
If this woman is found guilty it is truely the begining of the end of file sharing. (And most likely all free speech since just about every combination of word has been copyrighted by some one some where.) - inactive, on 10/12/2007, -0/+0W00t! /me hopes he gets a jude like that.. oh wait, I don't pirate music ;)
I just got tons of free downloads from wells fargo, so I get my free music legally :) (Well, aside from getting too many free download codes ;) )
Like I always say, RIAA is the Recording Industry Ass. of America.
Josh - rewritable, on 10/12/2007, -0/+0That is so f*** cool.
- inactive, on 10/12/2007, -0/+0and current US Superme court justices William Rehnquist, Antonin Scalia, Anthony Kennedy, David Souter, Ruth Bader Ginsberg, Stephen Breyer were all Harvard grads.
- ErniePC12, on 10/12/2007, -0/+0Just so you know, that Judge is a Woman
- Stranger678, on 10/12/2007, -0/+0Awesome, let's hear it for judges exercising common sense.
- mcbesq, on 10/12/2007, -0/+0Just a friendly reminder from someone who deals with judges every day:
The way a federal judge becomes a federal judge is real simple - The President tells the Senate what a good guy the judge is and the Senate spends an afternoon agreeing.
@dclowed
Being a federal judge means never having to say you're sorry. You're absolutely right. Every judge has his/her own style, and the tenor that may being inferred from the transcript means nothing. Judges occassionally can be terse, but it's generally because they are trying to actually get to the central issues, which the attorneys may or may not be trying to put before the Court.
Matthew Baron
Attorney-at-law
New York, NY - bash, on 10/12/2007, -0/+0dupe: http://digg.com/links/RIAA_vs_The_People,_Now_in_Blog_Form
and for some reason, RIAALawsuits.us links to a site about how the ohio election was rigged. - Superfluous, on 10/12/2007, -0/+0The RIAA wants to settle. They threaten with lawsuits so people do. They dont want to go through with the lawsuit. So what the judge is saying, unless i interprated it wrong, is to quit trying to scare people with threats and do what they say they are going to do. BSing around just wastes the court's time.
- Slinker, on 10/12/2007, -0/+0It sounds like a case I will want to followup on.
- Gofast, on 10/12/2007, -0/+0Good news
Awesome Digg! - malder, on 10/12/2007, -0/+0That transcript is too good to be true. Classic.
As far as the lady blaming Kazzaa... she's clueless - what would you expect? - FastForward108, on 10/12/2007, -0/+0MR. MASCHIO: Can I be heard for a moment, your Honor?
THE COURT: You can be heard all you want.
Man, the utter disgust in that comment. I'm so loving this judge...
Here's hoping there are a few more scrupulous ones out there. - compu73rg33k, on 10/12/2007, -0/+0Harvard Law School must be really good or something.
- inactive, on 10/12/2007, -0/+0Hardvard law school is the #1 law scool in the US, of course it's good. Harvard is also the #1 ranked university in the world.
- inactive, on 10/12/2007, -0/+0World's Top 500 University Ranking: http://ed.sjtu.edu.cn/ranking.htm
- geek_xyu, on 10/12/2007, -0/+0Sit on it Potsie.
- xalen, on 10/12/2007, -0/+0Googled the judge and looks like she's a grad of Harvard Law School, J.D., 1976
- inactive, on 10/12/2007, -0/+099% of federal judges are grad of Harvard Law School.
- mcbesq, on 10/12/2007, -0/+0To Rattler and CompismyRX
It's a civil case. Guilt is irrelevant. The Judge makes rulings of law only. Ultimately, should this case proceed to trial, it will be tried by a jury of 12.
The RIAA itself isn't a litigant in this case, Elektra (an individual member label is)
@rattler
In order to get the defendant's identity, a judicial subpoena, signed by a magistrate on a similar finding of probable cause, was issued, compelling the ISP to divulge the user's identity. - nevin, on 10/12/2007, -0/+0that's great.
- Herc, on 10/12/2007, -0/+0If the RIAA looses this case, it will definitely set a negative precedent for them.
Anyone who wants to follow up or read more about this case should go here:
http://recordingindustryvspeople.blogspot.com/
It's a blog started by the lawyer for the defendant. - kjdude2003, on 10/12/2007, -0/+0i'm not sure this will really have an effect on the RIAA...
- CompIsMyRx, on 10/12/2007, -0/+0I'm just waiting for that judge to finish the case and declare her not guilty. Then bitch-smack the RIAA attorneys.
- inactive, on 10/12/2007, -1/+0"Just so you know, that Judge is a Woman"
If it were a male, would some idiot have said "Just so you know, that Judge is a Man" ? - ph34rhk, on 10/12/2007, -1/+0Pwnd.
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