Sep 11, 2012

"What made Randazza fold this hand/case? "

"What made Randazza fold this hand/case?  First he did not have a powerful advantage of a Pro Se Doe.  Mastron was able to retain Mr. Gutierrez (Leopold, Petrich, and Smith) and even the playing field.  Mr. Gutierrez was able to determine he clearly had the advantage - Copyright Preemption, No Duty (Negligence), and No Evidence apart from the public IP address (weak).

I’m sure the Tabora ruling was brought up in discussions and the likelihood that if Randazza didn’t dismiss Mastron, Plaintiff would stand to lose a substantial amount of money (I’m sure Mr. Gutierrez is not cheap).  Randazza made his calculations and rightly so determined that folding the case was the smartest thing to do.  Randazza will not like that this information is making it out to the masses, but it is sure better than a trial where the depositions of his technical monitoring company and other aspects of his operation are disclosed. "

"As Tabora and other negligence claims have begun to fail for the obvious reason of Copyright law preemption and lack of any legal duty to the Plaintiff or society, I figured this one would eventually go away.  Well in true Randazza style, Mr. Mastron was served with a complaint on 8 Jun 12.  Served_03425(CA)   On 3 Jul 12, Mr. Mastron filed his answer to the complaint Pro se.   Answer_Complaint_03425(CA)   I was a bit shocked that Mr. Mastron filed the answer Pro Se and had not employed a lawyer.  The answer to the complaint was straightforward and stated
  • He didn’t download the movie
  • He doesn’t use BitTorrent
  • He has no knowledge or involvement in the alleged activity
  • Denies the negligence claim "
"Another nice one. It seems as if Randazza is definitely trying to set a precedent after having lost in the most prestigious East Coast District Court he is now bringing this theory to the most prestigious West Coast District Court. If he gets shot down in this court, this negligence theory is history. "

Source and Full Article

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.