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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115462
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I bought a CD off of Amazon and it is child pornography!!

Customer Question

I bought a CD off of Amazon and it is child pornography!! I'm looking to sue them civilly. I actually filed a motion with the court notifying them of the sexually explicit material so I can't get busted. Now Amazon needs to be sued and it's HUGE...
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: This is federal
JA: Has anything been filed or reported?
Customer: You're a real person?
JA: I'm an assistant to the Lawyer. I work with them to help customers like you.
Customer: I filed an affidavit of probable cause for the arrest of the artist that did the audio CD of child porn music. The band is Touchpants.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The band Touchpants is very rich. I want to sue therm and AMAZON.
Submitted: 4 months ago.
Category: Legal
Expert:  P. Simmons replied 4 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 4 months ago.

I am sorry for this dilemma...but I do not see a you have a legal question regarding this matter?

Customer: replied 4 months ago.
How do I sue Amazon for their negligence in allowing sexually explicit material depicting rape of children to be sold to my family?
Expert:  P. Simmons replied 4 months ago.

Can you tell me, how were you harmed by this?

Customer: replied 4 months ago.
It's a long story.The drummer for PHISH was my best friend. He started a side band of perverts called Touchpants: & www.facebook/touchpants I called them pedophiles so they tried to sue me for libel and asked for a restraining order and had me arrested. I beat both the civil and criminal cases. He charged me with "falsely alleging that I am a not prosecuted sex criminal" and he lost his actions against me. So I went on Amazon and bought the Touchpants CD. It is 43 songs like "Take a Shit, Put it in Your Hand and f**k It". I'm not kidding. These songs encourage "you inspire me to stick it in the little boy that I have taped up in my Pinto" are typical words. You will have nightmares for life listening to this "most perverted band on the planet". www.soundcloud/touchpants , This is audio child porn and Amazon doesn't have a clue... this is the biggest lawsuit ever..
Customer: replied 4 months ago.
Mr. The drummer just played Madison Square Garden New Years Eve. PHISH.
He had me falsely arrested. While doing my research I discovered that Amazon sold me sexually explicit child material. The Touchpants Poopenis Poetry album. I'm sorry for the graphic nature. This is serious and not a joke. Sorry.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a different contributor, as your previous contributor left.
Before we start, what is your specific question you would like answered, as our service does not allow us to engage in representation of anyone on this site, it is forbidden by the state laws?
Customer: replied 4 months ago.
Do you have the correspondence from the other guy?
I already told him the stuff.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
Yes, I do, but I need to know your specific question for us and that we cannot represent you, all we can do is provide information.
Customer: replied 4 months ago.
How do I serve Amazon with a "Notice of Pending Litigation"?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
There is no official court document called "notice of pending litigation." If you want to send them a letter telling them you will sue them for selling this CD, you can send a letter. If you have a cause for a legal action against them, it sounds more like your legal action is against the band not Amazon, then you need to file your actual lawsuit and serve them a copy of the suit and summons and in the suit you need to explain how Amazon is liable for the CD, since it could be sold in multiple other markets.
Sounds to me more like you have a case against the band for malicious prosecution for suing you for false claims against you. Also, the issue is first amendment rights regarding their right to publish such garbage (and I did go look at it and listen briefly before I replied). The problem is these are audio files and Section 2256 of Title 18, United States Code, defines child pornography as any VISUAL depiction of sexually explicit conduct involving a minor (someone under 18 years of age), thus without video depiction it cannot classify as child pornography, just offensive music.
However, if the band unlawfully or improperly sued you then suing them for malicious prosecution and seeking damages for those actions against you.
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