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More hearsay?

More like track record.

"According to him..."
"from those who I KNOW..."

That is hearsay!

And the only one bringing up this issue again.... is you.

Your broken record is in your mirror... take a look otherwise, disprove Joe's "hearsay" by directing us to a single court case (after over a hundred) that has gone to any conclusion that was not a default, settlement or a voluntary dismissal. One that was concluded by a jury after a trial.


You can't because there are none.

I'd say Joe's hearsay is right on the mark.

May I ask why a jury trial?

What is it about a jury trial?

A default is valid as it ends the matter with the court's approval.

A settlement is valid as that is the specific goal of litigation in a civil case; settlement, for or against the plaintiff.

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Never the same show twice!

Even in a defualt judgement the Complainant still has to produce evidence to prove its case. A default judgement is not going into Court, saying the Defendant isn't there, now Judge give me my money. It don't work that way. The Complainant still has to convince the judge the case has merit.

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You can be strange but not a stranger

But the requirements aren't near so stringent and don't have to be quite so compelling as when there is an argument put forward before a judge in a courtroom. In the case of a default judgement or settlement, generally only one side of the story is told and nothing really is settled as to the point of law. With a case that hits the courtroom, it sets a precedent and becomes a definitive answer to the question at hand.
THAT'S why!

Well then a Defendant shouldn't ignore a summons, subpoena, or a Notice to Appear.

But whether by judge and jury or judge alone doesn't matter. Depending on the case you may or may not want a jury. One type of trial is not superior over another, it's just a choice. Both have the same validity.

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You can be strange but not a stranger

This is a rare occasion, because I actually agree with all you've said here.

Bingo!.... ding!... ding!... ding!

The only thing that is going to matter here is when a judge makes a ruling as a matter of LAW. This would require that both parties participate in the case, and the merits of the trademark laws with respect to digital format shifting are addressed. This will most likely happen with the defendant filing a Motion for Summary Judgment as a matter of law and the Judge will rule for or against it. Then then losing party files an appeal and the appeal is decided on the law. Until then, there isn't going to be any legal precedent and any real ruling on the law when it comes to format shifting.

You can't set a precedent in the U.S. District Court -- this issue will never stop there. By the way, the appeal process in the Court of Appeals and Supreme Court will take years.

Get excited all you want, but you can't hang a precedent on a default judgment. Diafel is right -- the standard of proof is minimal, and the judge only hears one side of the story.

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Birdofsong

So essentially what you're saying is that default judgments don't set precedent.

You are saying that nothing less than a jury trial will establish a definitive rule of law.

What arguments would you foresee that would be set forth by the defense to refute those established and ruled upon by this judge in this case?

How many default judgments will it take for the message to get across?

Regardless of setting precedent to establish rule of law, the message is what is important here.

The message I am getting from you is that you believe you have the right to copy and display their trademark. Is it because you are waiting for this specific issue to be defined by law that you believe that you have the right to commit acts that the trademark owner finds to be infringement? cart - horse ... or ... horse - cart?

"a definitive answer to the question at hand"

I would take a default judgment as a definitive answer. 16 pages of definitive answer in the other thread.

What exactly are you referring to as the question at hand? The question of whether or not making a copy of a trademark without permission and using it commercially is infringement or ???

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Never the same show twice!

It seems some are saying or alluding that the judge's decision means nothing. So are those who think this saying the Defendant should ignore the ruling because if you are that's no very good advice. The Defendant may be able to appeal the amount of money awarded but not the decision unless the judge made an error of law in her decision. Ignoring the procedures is not grounds for appeal.

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You can be strange but not a stranger

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"Just Say NO, To Justin Bieber & His Beatle Haircut"

I believe even Harrington Law stated that somewhere.

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we have some court dates approaching quickly so at least the legal system is moving abet slowly.(I intend to be watching in the courtroom when ever I can make it here in mid district Florida) From the way some sound even a judges decision will not be good enough proof unless it is taken to Superior court on appeal. Thank goodness most people can think for themselves.....I will be glad when all this is behinds us and the issues are decided by a judge.

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Lee McGuffey

Nothing less than a trial, by judge OR jury will set the precedent. As for the judgements meaning nothing, when it comes to point of law, they do mean nothing when it comes to whether we have the right to media shift or not.
However, don't mistake that for me saying that those default judgments should be ignored by the defendants. They should NOT. They MUST follow what is decreed unless they are set aside by the judge.

Who exactly has "said" or "alluded" that a decision means nothing? And who does it mean nothing to?... Easy for you to make such a poisonous and unfair statement isn't it?... No one that I know of has said that... however in the grand scheme of things, this judge's default decision really does mean nothing in setting a precedent regarding the rule of law about mediashifting karaoke tracks.


Again, who exactly are "those who think this", are "saying" anything or "has advised" anyone to do anything or ignore anything? Why are you inventing this stuff?


Not the point. It's STILL NOT PRECEDENT, period. (maybe in Canada it is, but not here.)

Repeat after me: "In the UNITED STATES, a default judgment is NOT an automatic precedent."

Nice Try...

So who said anything about precedent.

And more importantly here the Defendant had a chance to answer and ignored it. Why? It seems not one Defendant wants to fight this.

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You can be strange but not a stranger

Repeat after me: "In CANADA, a default judgment is NOT an automatic precedent."


I did!
Not sure why this particular defendant ignored it, so I can't answer to that, but I can say that your assumption that not one defendant wants to fight this is dead wrong.
Hearsay...
But nice try...