That could be another major disruptor, seems like: properly notifying all parties of the accusations against them. Just a change in address could throw a wrench in it.
I'm still not getting how you can start this action up with just IP addresses, but I'm also a quart low on caffiene. ;)
I'm on my fifth cup. :)
You're right that there can't be a class until an IP address gets turned into a named defendant over whom the court has personal jurisdiction.
I don't think a change of address would be a monkey wrench since you don't have to absolutely contact each and every person in the class--that would usually be impossible anyway. You just have to give adequate notice. What constitutes adequate notice is decided (and argued) on a case-by-case basis.
So let's say I get swept up along with thousands of other defendants and I don't even realize it because I'm on vacation, don't read the paper, whatever, and I'm completely innocent. But because the prosecution manages to prove a case against one of the other defendants who *is* guilty, I'm shit out of luck?
Yeah, that's the justice system the Founders envisioned.
That's how all class actions work. The general principle is that "there has been a failure of due process only in those cases where it cannot be said that the procedure adopted fairly insures the protection of the interests of absent parties who are to be bound by it." Hansberry v. Lee, 311 U.S. 32, 42 (1940). In a class where opt out rights are afforded, adequate protections are representation by the class representatives, notice of the class proceedings, and the opportunity to be heard and participate in the class proceedings. Phillips Petroleum v. Shutts, 472 U.S. 797, 811-12 (1985).
They are not there to put themselves in the defendant's shoes, anymore than they're there to put themselves in the victim's (or plaintiff's) shoes.
Agreed. I just did a workshop this past weekend on trial tactics, and we learned that as soon as you ask the jury to step into someone's shoes, you can expect the other side to move for a mistrial. That's a no-no.
For what it is worth,
I disagree with probably 98% of what you say BUT
I have tremendous respect for you because you
1: Have a name
2: Try to refrain from the pointless name calling that you are often subjected to.
3: Demonstrate a clear passion for your positions(ie: you are not just arguing to be a poop disturber).
4: Acknowledge when it is shown that you were mistaken.
I wish you well in your studies.
Sincere thanks. I enjoy being challenged in my beliefs. That's what I love about this place--I get challenged left and right.
I think you're a troll, Average Joe. I find it hard to believe you mean what you say.
My views are just more conservative than yours. It doesn't make me a troll. What's funny is that my conservative friends think I'm a hopeless liberal hippie.
I've lost my cool in the past in response to the abuse. I'm trying hard not to do the same now. Rather than rag on me, why not point your finger at the abusers who are adding nothing? Wouldn't it be better to promote a productive conversation?
AJ, be fair. You have stated significantly worse insults in my direction when I disagreed with you in the past. Stop playing victim, or people are going to start dredging up your past comments.
Your response is really disappointing. Rather than promote a positive discussion, you are supporting those who are simply throwing out insults. I'm not surprised by this, but I am disappointed.
I'm sorry, but I don't follow you at all. The post was blocked because of its content. That's censorship, according to techdirt's own logic. What mistake did I make?
I can take the pressure, I've been taking it for months. I just don't get it. If you disagree with me, say why you disagree. No need to go all negative and call me names. That is not productive.
On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
Re: Re: Re: Re: Re: Re: Re: Re: Re:
On the post: Mass P2P Porn Lawyer Tries Filing A Class Action Lawsuit... In Reverse
Re: Re: Re: Re: Re: Re: Whats the difference?
I'm still not getting how you can start this action up with just IP addresses, but I'm also a quart low on caffiene. ;)
I'm on my fifth cup. :)
You're right that there can't be a class until an IP address gets turned into a named defendant over whom the court has personal jurisdiction.
I don't think a change of address would be a monkey wrench since you don't have to absolutely contact each and every person in the class--that would usually be impossible anyway. You just have to give adequate notice. What constitutes adequate notice is decided (and argued) on a case-by-case basis.
On the post: Mass P2P Porn Lawyer Tries Filing A Class Action Lawsuit... In Reverse
Re: Re: Re: Re: Re: Whats the difference?
Yeah, that's the justice system the Founders envisioned.
That's how all class actions work. The general principle is that "there has been a failure of due process only in those cases where it cannot be said that the procedure adopted fairly insures the protection of the interests of absent parties who are to be bound by it." Hansberry v. Lee, 311 U.S. 32, 42 (1940). In a class where opt out rights are afforded, adequate protections are representation by the class representatives, notice of the class proceedings, and the opportunity to be heard and participate in the class proceedings. Phillips Petroleum v. Shutts, 472 U.S. 797, 811-12 (1985).
On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
Re: Re: Re: Re: Re: Re: Re: Re: Re:
On the post: Mass P2P Porn Lawyer Tries Filing A Class Action Lawsuit... In Reverse
Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
All because of a small gov't granted monopoly privilege that has been extended way beyond its initial purpose.
Show me someone clearly getting their free speech and due process rights trampled on, and I'll show you my outrage.
On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
Re: Re: Re: Jury is the finder of fact
Agreed. I just did a workshop this past weekend on trial tactics, and we learned that as soon as you ask the jury to step into someone's shoes, you can expect the other side to move for a mistrial. That's a no-no.
On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
Re: Re: Re: Re: Re: Re:
I disagree with probably 98% of what you say BUT
I have tremendous respect for you because you
1: Have a name
2: Try to refrain from the pointless name calling that you are often subjected to.
3: Demonstrate a clear passion for your positions(ie: you are not just arguing to be a poop disturber).
4: Acknowledge when it is shown that you were mistaken.
I wish you well in your studies.
Sincere thanks. I enjoy being challenged in my beliefs. That's what I love about this place--I get challenged left and right.
On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
Re: Re: Re: Re: Re: Re: Re:
On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
Re: Anarchy
My views are just more conservative than yours. It doesn't make me a troll. What's funny is that my conservative friends think I'm a hopeless liberal hippie.
On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
Re: Re: Re: Re: Re: Re: Re: Re: Re:
On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
Re: Hey Joe...
On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
Re: Re: Re: Re: Re:
On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
Re: Re: Re: Re: Re:
Your response is really disappointing. Rather than promote a positive discussion, you are supporting those who are simply throwing out insults. I'm not surprised by this, but I am disappointed.
On the post: Mass P2P Porn Lawyer Tries Filing A Class Action Lawsuit... In Reverse
Re: Re: Re: Re: Re: Re: Re: Could invoke a law change
On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
Re: If you have the power to prevent injustice, you have an obligation to do so
On the post: Full Affidavit On Latest Seizures Again Suggests Homeland Security Is Twisting The Law
Re:
On the post: David Guetta: The Way To Beat 'Piracy' Is To Give Your Music Away Free
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On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
Re: Re: Re: Re: Re:
On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
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On the post: Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues
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