Re: [dvd-discuss] The Checks and Ballances are in the mail

["Baerwulf" <baerwulf(at)echidna.id.au>]

----- Original Message -----
From: "Jeme A Brelin" <jeme@brelin.net>
To: "Openlaw DMCA Forum" <dvd-discuss@eon.law.harvard.edu>
Sent: Wednesday, September 26, 2001 11:24 AM
Subject: Re: [dvd-discuss] The Checks and Ballances are in the mail


>
> On Tue, 25 Sep 2001, Jim Bauer wrote:
> > Ignore any right to a speedy trial for a moment.  What about a right
> > to afford a defense?  If someone like the MPAA sued me, I would have
> > no possiblity of defending myself unless a lot of sympathic people
> > sent in donations.  It would seem that justice belongs only to those
> > with the most money.
>
> Certainly this has become a real problem.  I can't really address it at
> the moment.
>
> > In a criminal case, I would at leat have the right to a free bargain
> > basement defence by a public defender
>
> > Back to the civil cases.  A while back I though of a way to pay for
> > the defense of the little guy.  If really-big-guy sues little-guy,
> > they really-big-guy must provide X% of the money they spend on the
> > suit to the defendent for their defense. The exact percentage would be
> > dependent on how big the big-guy is and how little the little-guy is.
>
> The problem here is defining who's big enough and who's little enough and
> how to stamp out that ratio.

How about "At Judges Discression" with a suggestion that if the defendant's
net
worth is less than 25%-30% that of the plaintiff then plaintiff is required
to provide
money of the order of 50% - 60% of their reasonable estimated costs (judge
can make this estimate).
if defendant loses the judge "MAY" order this money be repaid.

> For better or worse, this country works more on the concept of equality
> than equity.
>
> J.
> --
>    -----------------
>      Jeme A Brelin
>     jeme@brelin.net
>    -----------------
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>  http://www.openlaw.org
>
>
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