Powerful and dumb...

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Powerful and dumb...

Postby ATI_7500 » Sat Feb 05, 2005 6:11 pm

Dead Woman, Who Didn't Have Computer, Sued For Music Trading - [RIAA News]

The recording industry sued Gertrude Walton, accusing her of illegally trading music over the Internet as "smittenedkitten."

But the lawsuit was filed more than a month after the 83-year-old woman died in December, and her daughter says Walton hated computers, anyway.

A group of record companies named Walton as the sole defendant in a federal lawsuit, claiming she made more than 700 songs available for free on the Internet.

Walton's daughter, Robin Chianumba, lived with her mother for the last 17 years and said her mother objected to having a computer in the house.

"My mother wouldn't know how to turn on a computer," Chianumba said.

She said she faxed a copy of her mother's death certificate to record company officials several days before the lawsuit was filed, in response to a letter from the company regarding the upcoming legal filing.

"I am pretty sure she is not going to leave Greenwood Memorial Park (where she is buried) to attend the hearing," Chianumba said.

A Recording Industry Association of America spokesman said Thursday that Walton was likely not the smittenedkitten it's searching for.

"Our evidence gathering and our subsequent legal actions all were initiated weeks and even months ago," said RIAA spokesman Jonathan Lamy. "We will now, of course, obviously dismiss this case."
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Re: Powerful and dumb...

Postby Hagar » Sat Feb 05, 2005 6:41 pm

A Recording Industry Association of America spokesman said Thursday that Walton was likely not the smittenedkitten it's searching for.

;D Wonder how they came to that conclusion. ??? LMAO.......! ;D
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Re: Powerful and dumb...

Postby Craig. » Sat Feb 05, 2005 6:43 pm

LOL ;D Idiots. ::)
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Re: Powerful and dumb...

Postby beaky » Sat Feb 05, 2005 7:05 pm

As Mark Twain said: "If law school is so hard, how come there are so many damn lawyers?" ;D
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Re: Powerful and dumb...

Postby Jared » Sat Feb 05, 2005 7:51 pm

lol, sad world we live in...
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Re: Powerful and dumb...

Postby chomp_rock » Sat Feb 05, 2005 10:16 pm

It's not the lawyers that decide to sue someone, it is their client. I don't like all of the lawyer bashing I see on this forum, my sister is a lawyer and I resent some of the comments made about them!
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Re: Powerful and dumb...

Postby Felix/FFDS » Sat Feb 05, 2005 10:46 pm

It's not the lawyers that decide to sue someone, it is their client. I don't like all of the lawyer bashing I see on this forum, my sister is a lawyer and I resent some of the comments made about them!


But admit it, she probably tells you the best lawyer jokes!
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Re: Powerful and dumb...

Postby cableguy » Sun Feb 06, 2005 12:22 am

Yep, sad word.  Especially in US, u can get sued by anyone for anything.  As long as you have some money, they will go after you.
Last edited by cableguy on Sun Feb 06, 2005 12:23 am, edited 1 time in total.
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Re: Powerful and dumb...

Postby beaky » Sun Feb 06, 2005 12:28 am

It's not the lawyers that decide to sue someone, it is their client. I don't like all of the lawyer bashing I see on this forum, my sister is a lawyer and I resent some of the comments made about them!


Nothing personal... there are skeeves in all professions. But should a lawyer pursue- or encourage- any suit a client wants to file? Are they to be considered exempt from ethics, except for the basics of confidentiality and respect to the court?  I know they gotta make a living, but...  More than many other professions, law carries a great deal of responsibility to society as a whole...the law should serve the people, not simply be used as a tool for what often looks like extortion in the light of common sense.
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Re: Powerful and dumb...

Postby cableguy » Sun Feb 06, 2005 12:33 am


Nothing personal... there are skeeves in all professions. But should a lawyer pursue- or encourage- any suit a client wants to file? Are they to be considered exempt from ethics, except for the basics of confidentiality and respect to the court?  I know they gotta make a living, but...  More than many other professions, law carries a great deal of responsibility to society as a whole...the law should serve the people, not simply be used as a tool for what often looks like extortion in the light of common sense.


Exactly,  what bout that case with McDonalds where a woman put a hot coffee in her crotch, and then spilled it burning herself.  She sued McD's but i dont think she won anything.  now tell me What lawyer in his right mind would tell a client that its McD's fault that she was negligent (dumb) enough to put hot coffee in her crotch and then spill it on herself, AND then take this case to court??
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Postby Scorpiоn » Sun Feb 06, 2005 3:39 am

Kinda makes you afraid; we're in a new age of McCarthyism here. :P I doubt anyone has much of anything once they're accused: Privacy, defence...
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Re: Powerful and dumb...

Postby ozzy72 » Sun Feb 06, 2005 10:37 am

Cableguy she won over a million bucks for the spilling hot coffee on herself whilst driving ::)
In a sane and just world she'd have been done for reckless driving and driving without due care and attention! Oh and beaten with a big stick in the hope of knocking some sense into her obviously thick skull!
Alas the litigation society is upon us, and many lawyers are out there to make a fast buck out of misfortune, hence why they get all the stick. There are some good, and some bad like any profession...
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Re: Powerful and dumb...

Postby Fozzer » Sun Feb 06, 2005 10:50 am

I just hope that "Common Sense" prevails over here*...
"Accidents" are accidents, and always will be...!

Cheers all... ;D...!

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Re: Powerful and dumb...

Postby beaky » Sun Feb 06, 2005 2:14 pm

As long as we're at it, here's my personal favorite: A while back, there was a kid's toy called the Slip'n'Slide... basically a long vinyl envelope with a hose fitting at one end. You roll it out on the ground, hook up a hose, and it fills with water, as little holes on top provide a very slippery sprinkler effect. The little ones then run and jump on to it, sliding happily to the end. Well... the mfr. clearly points out on the box that there is an age limit (7? 8? Don't recall), and this thing is meant to be set up on an incline, AND- most important- the kids should always go feet-first, on their keisters. Common sense, right? And despite it being very obvious, the mfr. covered themselves by reminding people how to use it safely- on the box!!
  So here we are at a lovely family gathering; the kids are having a ball with the Slip'n'Slide... no problems yet, even tho' it is set up on level ground (mistake #1). Along comes this overweight (not making fun; it's an important factor) middle-aged guy (an uncle, I think), who decides to get some laughs and have some fun. He takes a running start and DIVES- yes, arms outstretched, and for some reason, head down with his chin on his chest. Can you guess what happens? Yes, he makes contact with the crown of his head, his considerable mass pile-driving him headfirst into the ground. Didn't slide so much as an inch (I saw the video of this on TV). We're talking a very very serious spinal cord injury here, high on the neck- I believe he was left paralyzed to the extent that he could only communicate by blinking.
Now, I feel for this guy, and his family... they were facing a very difficult and expensive future. They were not wealthy people, and obviously lifestyles and careers would be compromised in order to help care for him, on top of the enormous medical costs. I don't know if his insurance (if any) was going to even make a dent. As far as gov't assistance goes in the US, he wouldn't have gotten very much. Very sad. But...
 I think you know what happens next- they sued the mfr.  ::)
 It was settled out of court, with the mfr. awarding a much smaller sum than the "victim's" lawyers originally quoted. It must have galled them to pay out, but had it gone to court, the "victim's" lawyer would've played the pity card for all it was worth, and oncethe press got hold of the tale, people would suddenly believe the Slip'n'Slide was an instrument of the Devil... not good for sales.
Again, I pity this fool, but he was just that- a fool. There is probably nothing manufactured anywhere by anyone that some idiot cannot hurt himself with. Hell, you could kill someone with a pillow, if you do it right.
Why should a toy mfr., who clearly stated on the box the limitations and safety guidelines for use of their product, have to fork over a penny to someone who simply didn't use their common sense? It's outrageous! >:(
 As far as the lawyer or lawyers go... I dunno. I suppose if they were really greedy, they would've fought to bring the case to court, in hopes of a big payout. But if I were in their shoes, I don't think I would've touched it.
IMHO, the decline of personal accountability in modern society is clearly destructive... when you think about it, it also erodes personal freedom. If the masses are considered too stupid to think for themselves, why, the government ought to do it for them...
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Re: Powerful and dumb...

Postby Katahu » Sun Feb 06, 2005 4:02 pm

While I was working at the Pharmacy, I had a momentary break after hours of filling Rx's. While I rested, there was this article that I read.

In the article:

A woman was given a paper Rx for her medications [I think it was a birth control along with some other drug]. However, the physician didn't check to see if there were any contra-indications [bad interactions] between the meds. After the Pharmacy had filled it for the woman, the woman took it home. Some drugs can negatively impact the effects of birth controls.

Later, she filed a suit against both the physician and the pharmacy. However, the physician was the only one who had to pay up because the Pharmacy is only responsible for filling the Rx according to the Physician's instructions.

Lawsuits like these are acceptable by my standards because they make sence.

However, a silly lawsuit like the one about McD's and Toy Mfr is completely outrageous.Sometimes, it makes me believe that these dumb suits are what's responsible for the bad economy. Suits should only be made to a certain extent, darn it.But then again, we're only human and some of us humans have an IQ that has hit stone-age levels. ::)
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