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RE: Prove It's Not You: Case Raises Dangerous Precedent for Artists and Content Creators

in #law8 years ago

Weird. Is this the sort of ruling that could set precedent for criminal law - or are its potential impacts mostly constrained to civil disputes?

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If one court allows this and there is a rush to sue other prominent artists and content creators, then it could result in a whole new body of law in which this becomes accepted. And then we could start seeing it bleed into criminal law as well. Criminal protections are much stronger, even having a constitutional connection, but there also is a long history of state laws and common law on the civil side that is being ignored here, so who knows? The law and how it is interpreted can change over time. And that direction isn't always pretty.

In fact criminal law has already changed, for the worse, in small rural communities across America with little or no oversight from the higher courts, which tend to rubber-stamp unconstitutional offenses with nonsense justifications (been there, been a victim of that)!

How else could a prosecutor/court reporter get away with doctoring the state's evidence, obtain a "guilty" verdict based solely on this, and not be impeached, prosecuted and imprisoned for their crimes?

As on the "criminal" side of the law, we lost our home to property taxes in a civil trial where the plaintiffs' petitions were either not sent at all or were supposedly "delivered" to a fictitious address, for the exact same reason I was forbidden assistance of counsel or an effective defense in the criminal trial (witnesses whose religious belief forbids them to swear or affirm an oath, but who were willing to vow to tell the truth, were denied the right to testify).

In the criminal case I "lost" the main appeal, after briefing and winning my own appeal of the same abuse in a post-trial hearing, when the appellate court clerk misfiled in the wrong appeal the reporter's record proving the fraud, with the result that the appeals court ruled "no record" had been filed, trashing the appeal for the convenience of upholding an unjust conviction, while permitting corrupt or incompetent prosecutors, court reporter and clerks to keep their jobs.

See my post: https://steemit.com/anarchism/@hankscott/too-many-flaws for a discussion of another aspect of what's wrong with our present-day legal system in America.

Good to know. Too bad there isn't a blockchain for reality

Any blockchain is a blockchain for reality :-p