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The Courts

Submission + - RIAA protests Oregon AG discovery request (blogspot.com) 2

Submitted by
NewYorkCountryLawyer
NewYorkCountryLawyer writes: "The RIAA is apparently having an allergic reaction to the request by the State Attorney General of Oregon for information about the RIAA's investigative tactics, in Arista v. Does 1-17, the Portland, Oregon, case targeting students at the University of Oregon. See The Oregonian, December 1, 2007 ("UO suspects music industry of spying") and p2pnet, November 29, 2007 ("RIAA may be spying on students: Oregon AG"). Not only are the record companies opposing the request (pdf), they're asking the Judge not to even read it. (pdf)"
The Courts

Submission + - Oregon AG Seeks to investigate RIAA tactics

Submitted by
NewYorkCountryLawyer
NewYorkCountryLawyer writes: "Turning the tables on the RIAA's attempt to subpoena information from the University of Oregon about the identities of the university students, the Attorney General has now filed additional papers requesting permission from the Court to conduct immediate discovery into the RIAA's 'data mining' techniques, such as the use of unlicensed investigators, the turning over of subpoenaed information to collection agencies, the obtaining of personal information from computers. The AG pointed out (pdf) that "Because Plaintiffs routinely obtain ex parte discovery in their John Doe infringement suits.....their factual assertions supporting their good cause argument are never challenged by an adverse party and their investigative methods remain free of scrutiny. They often settle their cases quickly before defendants obtain legal representation and begin to conduct discovery...... and have dropped cases, such as their case against Tanya Andersen, in which their methods and practices have been challenged through counterclaims...... While the University is not a party to the case, Plaintiffs' subpoena affects the university's rights and obligations. Plaintiffs may be spying on students who use the University's computer system and may be accessing much more than IP addresses." As one commentator succinctly put it, "They'll be going bananas in RIAA land" after reading this filing."
The Courts

Submission + - Tanya Andersen Brings Class Action Against RIAA

Submitted by
NewYorkCountryLawyer
NewYorkCountryLawyer writes: "Ever since the RIAA's litigation campaign began in 2003, many people have been suggesting a class action against the RIAA. Tanya Andersen, in Oregon, has taken them up on it. The RIAA's case against this disabled single mother, Atlantic v. Andersen, has received attention in the past, for her counterclaims against the RIAA including claims under Oregon's RICO statute, the RIAA's hounding of her young daughter for a face to face deposition, the RIAA's eventual dropping of the case "with prejudice", and her lawsuit against the RIAA for malicious prosecution, captioned Andersen v. Atlantic. Now she's turned that lawsuit into a class action. The amended complaint seeking class action status (pdf) sues for negligence, fraud, negligent misrepresentation, federal and state RICO, abuse of process, malicious prosecution, intentional infliction of emotional distress, violation of the Computer Fraud and Abuse Act, trespass, invasion of privacy, libel and slander, deceptive business practices, misuse of copyright law, and civil conspiracy."
The Courts

RIAA Short on Funds? Fails to Pay Attorney Fees 341

Posted by Zonk from the must-be-because-of-all-those-lost-record-sales dept.
NewYorkCountryLawyer writes "Can it be that the RIAA, or the "Big 4" record companies it represents, are short on funds? It turns out that despite the Judge's order, entered a month ago, telling them to pay Debbie Foster $68,685.23 in attorneys fees, in Capitol v. Foster, they have failed to make payment. Ms. Foster has now had to ask the Court to enter Judgment, so that she can commence 'post judgment collection proceedings'. According to Ms. Foster's motion papers (pdf), her attorneys received no response to their email inquiry about payment. Perhaps the RIAA should ask their lawyers for a loan?"
The Courts

Vote Swapping Ruled Legal 496

Posted by kdawson from the third-parties-could-get-some-respect dept.
cayenne8 writes "During the 2000 election, some sites were set up for people across the nation to agree to swap votes, among them voteswap2000.com and votexchange2000.com. They were established mainly to benefit the third-party candidate Ralph Nader without throwing local elections to George Bush. The state of California threatened to prosecute these sites under criminal statues, and many of them shut down. On Monday the 9th Circuit Court of Appeals ruled that the vote-swap sites were legal (ruling here, PDF). The court held that '...the websites' vote-swapping mechanisms as well as the communication and vote swaps they enabled were constitutionally protected' and California's spurious threats violated the First Amendment. The 9th Circuit also said the threats violated the US Constitution's Commerce Clause.'"

Feed Science Daily: Parents' Depression Can Weigh On Children (sciencedaily.com)

From feed by sdfeed
Parents struggling with stress or depression may not provide adequate support to overweight children. Peer bullying and childhood depression can also propel a cycle that makes it difficult for children to adopt healthier lifestyles. Understanding factors that affect overweight children could help health professionals treat these kids.

Feed Science Daily: Why Guilt Doesn't Keep Some Of Us From Making The Same Mistakes Twice (sciencedaily.com)

From feed by sdfeed
Many of us experience a tinge of guilt as we delight in feelings of pleasure from our favorite indulgences, like splurging on an expensive handbag or having another drink. Yet, in spite of documented ambivalence towards temptation and well-meaning vows not to succumb again, consumers often repeat the same or similar choices. A new study examines repeated impulsive behavior despite the presence of guilt -- important research underscored by the increasing prevalence of binge drinking, obesity and credit card debt.

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