Posted on 05/27/2004 12:57:50 PM PDT by jjm2111
yup
Mailed service without a signed return receipt is not enough (just remember not to refuse it, that counts as service). And if you dont answer your door, you cannot be served...just say you were away at the time of attempt. If neither is accomplished, you can get any Default Judgment vacated.
You're getting into another realm here - advertising / marketing that exploits weak people's insecurities. It's abusive and unfortunate, but we're not going to fix it. My strategy is to not be a part of it myself, and teach the same to my kids.
Does "ham" in your screen name refer to amateur radio op.?
There are other forms of service: posted, substitute service, service by publication. Private process service also can be accomplished through unusual means, when the defendant doesn't realize he/she is about to be served. It isn't as easy as just saying you don't want to be served or refusing mail. Depends on state law, but again, it's just not that simple... be assured lots of people try to avoid service, not answer the door, etc. There are ways of serving even unwilling litigants. No question you can make it more difficult for the party filing, but it is pretty hard to avoid service altogether if someone is really determined to serve you with papers. Whether a large corporation would go to that trouble for a relatively small case is a separate issue.
A couple of weeks ago, this bozo shows up at my door with a gift bag. He asks for someone with a name similar to my wife's. I assume he just got her name wrong, and call for her to come to the door. We she gets there, Bozo reaches into his gift bag and gives her a stack of papers, then walks away.
I read the papers and see that it is a summons from some hospital in Georgia to someone whose name is similar to my wife's. I guess the mensa had found her name in the phone book and assumed it to be her.
I tell Bozo that he has the wrong house and the wrong person. Bozo puts the summons back into his gift bag and drives away.
"If the daughter committed the crime, why is the industry going after the mother?"
The isp is probably in the mother's name.
I nixed illegal music downloading by my kids and got them Napster cards. Still some kinks to work out, like how to download to their MP3 players, but they are burning "legal" cds.
"...a favor to one of his beer-buddies."
Oh, sure, everybody has a rotten lawyer story to tell. Till the first time you need one, then you go looking for the nastiest SOB you can find. I can't believe how many so-called conservatives get all bent out of shape when it comes to this subject. As I said, this is part-time work that somebody has to do, but hell, I'm probably taking work away from some illegal immigrant. Cry me a freaking river!
"...the dregs of society are the ones you are working for..."
See my post #107 to LibKill. There are bottom-feeders in any profession. I'd be the first to agree we are in serious need of tort reform in this country, for example, but that doesn't mean all lawsuits are unjustified. Nor should people who skip out on their responsiblities be given a pass. You seem a little squishy for Free Republic.
That's pretty good coming from someone even lower on the totem pool than a dreg.
Stop the RIAA bastards!
"Its agents then comb the play lists for names of songs that are copyrighted and that they believe are being illegally shared."
In other words, the article is wrong that they went after the girl for downloading. They went after her for sharing.
Simple solution.....don't share.
If I can't find the song on a legal download service (which is half the time....have tried itunes, Wal Mart, Musicmatch), then I resort to Ares or Kazaa, which almost always has it.
Itunes is being pressured by the RIAA to raise its price to 2 bucks or more per download.
Greedy bastards.
luckily they have not buckled yet.
Yeah, but it is not immoral. And nobody knows.
Keep doing it.
Agreed.
I want to hug my Musicmatch.
Quick downloads....one of the best services I think.
And unlike Wal Mart's service, they don't try to control what you do with the music.
If they try to control how many copies I make or something, I will go to Ares or Kazaa instead.
Most of the journalists who write these articles are morons.
If you read a bit further down the article, it says they found the stuff in her shared folder being open for everyone.
Hence, she got caught not for downloading, but sharing.
Ah....you have the pay Musicmatch service.
Looks awesome, but I am a cheapo and don't want to do that, so when I listen to Music Match radio I have to suffer through the ads...lol
The cheap broadband is cheap for only a year or so.
Or so I thought....then my mom called Southwestern Bell because they had a offer for new customers to get it for 29 bucks a month instead of 40 like we were paying (hey, it still was not much more expensive than 2 phone lines).
Guess what...they actually said they would drop our monthly fee to the new customer rate and to just call and request that rate any time it went up again!
My word....what a deal!
Needless to say, the fact that existing customers can get the cheap rate is not something they advertise, but we called and got it.
I wonder if other DSL carriers are the same.
Have y'all seen the new Half-Life 2 demo? It will blow you away.
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