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Subject: Re: Avos and strategy
From: SteamShip (steamship_at_sbcglobal.net)
Date: 2003-12-15


Having been on both sides of numerous lawsuits, David is correct. Here in
the USA, to initiate a lawsuit, most lawyers require $20,000 USD up front as
a retainer before they will take your case and file the suit. A typical
lawsuit that goes to a jury trial will exceed $50,000 in legal, deposition,
other expenses, expert witnesses, and court/transcription fees. Appeals are
on top of that.

Using a lawyer to defend yourself as a victim in a suit can have similar
expenses. You cannot use public defenders in a civil lawsuit. You may win,
but lose your home defending. Most people just live in a fantasy world
about this topic. It is the tactic that the RIAA is using (publicizing the
few they actually take to a trial) to try to scare copyright abuse.

I'm not saying anyone should back down, but blowing off in an email
distribution list is one thing. Blowing off in a court subpoena mandated
deposition while paying your lawyer $200 per hour is quite another.

----- Original Message -----
From: "David McIntyre" <plugh_at_mudbarn.com>
To: <rockbox_at_cool.haxx.se>
Sent: Monday, December 15, 2003 1:15 PM
Subject: Re: Avos and strategy

> It doesn't take much of a threat to get someone to stop something. The
threat
> of a lawsuit alone is enough for most people. Not everyone has the
financial
> warchest to withstand a legal filing against them.
> An attorney's retainer and his time to respond to a deluge of filings from
a
> corporate lawyer can run someone dry very quickly, and the eventual
outcome
> will probably just cover legal fees, if you survive the ordeal up to the
point
> of going to court. The system is stacked in favor of corporate bully
tactics.
>snip<



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