On Jan 2, 2008, at 7:58 AM, Craig White wrote:

> by the way, you referenced an order granting summary judgement that  
> was
> vacated by the same court just a few days later...
>
> http://www.ilrweb.com/viewILRPDF.asp?filename=atlantic_howell_071004OrderVacateOrder
>
> Just sayin...
>
> Craig
>
> (unless the dude gets competent counsel, the outcome is unlikely to
> change)

Aha!, I guess I was stupidly assuming that the files were in reverse  
chronological order because I saw the summary judgement at the top. I  
see now that Howell did finally argue that Kazaa was sharing files  
behind his back and that on that basis the judge vacated the summary  
judgement. I see as well that the RIAA is trying to make him out to be  
a liar, arguing that even if Kazaa moved the files to the shared  
folder, he could clearly see that they were there and that he deleted  
files that would have shown he moved them there himself or authorized  
Kazaa to share files in other folders.

> (unless the dude gets competent counsel, the outcome is unlikely to
> change)

He may be screwed already if the RIAA can convince the judge or jury  
that he is a liar. I've actually been on a jury in a civil trial where  
we became convinced that the plaintiff was in the right legally but  
the  defendant was right ethically and that the CEO of the defendant  
company was more honest on the stand. We awarded the plaintiff $100.  
I'd like to see the  RIAA 'win' a few cases that way.
--
Egotism is the anesthetic that dulls the pain of stupidity.
-Frank William Leahy, football coach (1908-1973)

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