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In some cases I could see how it would be beneficial for the judge to have a solid understanding, and previous experience with, the subject matter in order to b
by Osiris 16y ago
In some cases I could see how it would be beneficial for the judge to have a solid understanding, and previous experience with, the subject matter in order to be able to make more informed decisions. Some bad decisions are certain made now by judges that don't understand the complexities or technical nature of some cases.
One of the benefits of the common law system is that courts can use previous rulings as a basis to maintain consistency in enforcing the law.
It's unfortunate that until there are well established precedents that a the result of a complaint is a bit of "luck of the draw". One file sharer could end up with a huge judgment while another gets the case thrown out, depending on a judge's understanding, or lack-thereof, of the nature of the offense.
- originalgeek 16y agoClearly this judge should have recused herself simply to avoid even the appearance of impropriety. Any judge with even a sliver of integrity would have done so.
- GrandMasterBirt 16y agoI am in full support of a judge that deeply understands the issues at hand. However there is a clear conflict of interest here. The law is supposed to be impartial. I am all for judges sympathetic to the cause, but I don't want that either. The law must treat both parties big and small equally, and assume that even if its the RIAA that they may have merit in their claims, and vice versa. So in conclusion, its a tough call here. I would hope this gets much more media attention and either her COI is exposed and she is forced to step down OR she is taken off these sort of cases and her knowledge is put to use elsewhere.