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Comment Re:Sad (Score 1) 229

But does it really take that much work? Why do you even need such a huge number of lawyers for what appears to be a pretty simple case?

As I said, the judiciary has a number of rules, and engages in many practices, which make the cost of lawyering more expensive than it needs to be. I could write a book on the subject.

No it doesn't need as many hours of legal work as most big firms put into a case, which is why a good small firm like mine is wildly more efficient than the big firms, and can beat much bigger firms day in and day out. But under the rules and practices in place, it's still an unnecessarily expensive undertaking to litigate.

I don't make the rules; but I have to live with them in my daily life.

Comment Re:Sad (Score 1) 229

I just honestly don't understand where all the money goes.

The money goes to pay lawyers. With expensive cases, these days it's usually large teams of clones run by large, usually multistate, often multinational, law firms. The judiciary has a number of rules and engage in a number of practices which are based on the assumption that the parties have endless means with which to pay lawyers, and which benefit the large law firms and the wealthier clients who can afford them. So the real fault is with the judiciary.

Woe betide the client with limited means, and woe betide the small law firms that get caught up in these affairs if their clients don't have that kind of dough. My small law firm can kick the butt of any large law firm, but only if we have a client that can afford to pay the bills.

Comment Re:That word doesn't mean what you think it means (Score 1) 229

Ideals like, it's ok to make treaties with other nations and then break them. It's ok to invade and steal someone else's land. It's ok to have colonies and empire, so long as you don't call them that. It's ok for big business to hire thugs to shoot workers who just want a fair deal. Yeah, the USA is exceptional alright.

Hey have you been reading about our actual history? Don't you know that's not permitted.

Comment Re:Sad (Score 4, Interesting) 229

For justice to prevail the loser HAS to pay all court costs. Period!

You're wrong if you thing that will improve access to the courts; it would only make it worse. It would make it an even higher stakes poker game. The real things that would improve access to justice are such things as (a) making it easier rather than harder to bring class actions, (b) making it easier rather than harder for other forms of contingent cases, (c) investing money in civil legal aid, (d) developing laws to encourage prepaid legal services, and (e) the courts not bending the law -- as they sometimes do -- to accommodate large corporations abusing the judicial system (see my article on how the RIAA was given numerous unfair advantages by the courts in its war against ordinary people: "Large Recording Companies vs The Defenseless", ABA Judges Journal, Equal Access to Justice issue, 2008)

Comment Re:Sad (Score 1) 229

Even though Veoh is out of business the record companies lost a lot in this. Veoh may be gone but any attempt to treat someone else this way will cause severe penalties. You can run this scam once and then the courts get wise to it and punish you for trying to sue someone when it was made clear to you previously that you didn't have a case. Anyone else they sue will get attorney fees and the right to counter sue for harassment.

From your mouth to God's ears. (old Yiddish saying)

Comment Re:UMG has screwed me out of 2 jobs. (Score 1) 229

I worked for mp3.com from 1999 to them folding in 2003 from UMG's (and others) lawsuit. I worked for Veoh from 2008 to 2009 when they folded from UMG's lawsuit. I HATE UMG. Those were the most fun jobs I've ever had. The work was challenging, the environment was fun, and my co-worker were some of the smartest people I've ever met. I had the opportunity to write code that solved problems no one had every faced before. It was awesome. UMG has screwed me out of 2 very fulfilling jobs.

Yes they really do detract from the quality of life. I'm thinking those big record companies are going downhill. The sooner they go out of business the better as far as I am concerned.

Submission + - Veoh once again beats UMG (after going out of business) (blogspot.com)

NewYorkCountryLawyer writes: "Veoh has once again beaten the record companies; in fact it has beaten them in every round, only to have been forced out of business by the attorneys fees it expended to do so. I guess that's the record companies' strategy to do an 'end around' the clear wording of the DMCA "safe harbor": outspend them until they fold. Back in 2009 the lower court dismissed UMG's case on the ground that Veoh was covered by the DMCA "safe harbor" and had complied with takedown notices. The record companies of course appealed. And they of course lost. Then, after the Viacom v. YouTube decision by the 2nd Circuit, which ruled that there were factual issues as to some of the videos, they moved for rehearing in UMG v. Veoh. Now, in a 61-page decision (PDF), the 9th Circuit has once again ruled that the statute means it says, and rejected each and every argument the record companies made. Sadly, though, it did not award attorneys fees."

Submission + - EFF jumps in to defend bloggers being sued by Prenda (eff.org)

NewYorkCountryLawyer writes: "The Electronic Frontier Foundation has entered the fray to defend the bloggers sued by Prenda Law Firm. Prenda, oblivious to such well known legal niceties as the Federal Rules of Civil Procedure, the affirmative defense of truth, the difference between a defamatory statement of fact and the expression of a negative opinion, and the First Amendment, has immediately — and illegally — sought to subpoena information leading to the identities of the bloggers. I would not be surprised to see these "lawyers" get into even more hot water than they're already in. And I take my hat off to the EFF for stepping in here."
Open Source

Submission + - Richard Stallman endorses Kallos for NYC Council (stallman.org)

NewYorkCountryLawyer writes: "Free Software Founder Richard M. Stallman has endorsed Benjamin Kallos, a tech and free software candidate (also KallosEsq on Slashdot), for New York City Council, pointing to his “record of pushing government to enter the Internet age in the right way, the way that respects people's freedom and increases the public's control over government.” While working for a NY assemblyman, Kallos was, along with Carl Malamud, one of the "gnomes" behind New York's bill to award tax credits to volunteer open source developers, denied them under existing law because they weren't getting paid for their contributions."

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