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Have the courts recognized services like youtube, netflix, hulu, etc as online movie theaters yet? Which would make it a felony to copy and distribute videos obtained.
How do I show he didn't obtain a subpoena? The video was obtained by a witness for the plaintiff and handed over to the plaintiff's lawyer.
Ok, I put in a motion to compel plaintiff to provide a duplicate of the disc the video was on. He was ordered to do so, but gave me a data disc with thevideo, rather than a duplicate of the DVD with menus which he intends to use.
1. This would qualify as the plaintiff obtaining the video in violation of the DMCA, correct?
2. This is non-compliance with the courts order, correct?
I was going to file a motion to dismiss, can you explain this motion to show cause for me?
So it is called "MOTION FOR AN ORDER TO SHOW CAUSE" and in the body I ask for a contempt of court order, etc? With a discripttion of disc in support?
At our motion hearing on Friday, he objected to the motion to show cause as being out of rule. The judge agreed, but gave me 3 weeks to resubmit it.
I asked why it was out of rule and she told me there is a process explained in the revised code. I can't find it, or perhaps I did but didn't know it. As near as I can tell, I had to subpoena him first and list some specific verbage in some kind of notice before filing the motion?
This really threw me, and I have no idea what the court needs. I don't get why I would do all of this before the court actually makes the order? It seems presumptuous on my part and putting the cart before the horse.
I see. I'm confused about a few details.
I've been trying to get this evidence for 18 months. Made 7 attempts to include an oral and written motion to compel, which he evaded by sending similar evidence that I actually didn't know about before that, which turned out to be half of what he was ordered to provide, which he misrepreewsented to both me and the court.
Why do I have to convince a judge to santion a lawyer that basically thumbed his nose at her order?
The judge allowed me to obtain copies while in session, then told me I had 3 weeks to do the order to compel properly.
So, acording to the process you've outlined, I can no longer make the motion because obviously there is nothing to discuss any more. This guy has been a weasel about everything he could get away with, and I want the court to sanction him over this, if not dismiss the case.
Sounds like the judge was helping the guy get off without sanctions. But the entire time we discussed me getting copies, she kept saying sanctions aside, that will be handled in your motion.
So what is going on here? What is she expecting from me at this point?
But how can I give him notice to provide evidence that I now have because of the judge?
I hate to harp on this, but the Judge said I can still file the contempt motion and gave me 3 weeks to do so. So I'm wondering what I'm missing here.
At the hearing she gave me the option of handling it then, in wich case I would not be entitled to sanctions, or I could resubmit for santions. I told her that I wanted the santions. Then she said I had 3 weeks to submit. Then she asked what I needed, and had Plaintiff's counsel give me the discs so I could copy them while on the record.
Unless, there is a way to get the sanctions anyway, this seems a lot like the judge helping the other guy get out of the contempt sanctions because I didn't know what was going on at the time.
Is this your take on it as well?
I totally understand. And I'm glad that you are not just giving me some short general answer because I may be some fruit that will blame you because my motion failed.
My feeling at the hearing was that she was looking forward to getting my motion correctly filed so she could come down on him hard. But after reading your description, I thought maybe I was just cocky and reading her wrong.
I'll read through the code and chew on it a bit, and run my thoughts past you before I refile.
And thanks for pointing me to the code.
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