[free-sklyarov] Adobe wipes their hands clean of Skylarov

mike castleman mlc67 at columbia.edu
Wed Sep 5 11:21:37 PDT 2001


If memory serves, a corporation does not have the 5th-Amendment right
to avoid testifying even in a criminal case. If I'm right, then this
is in fact the only right that corporations do not have and real
people do. But, like many others here, I am not a lawyer nor qualified
to give legal advice.

mike

On Wed, Sep 05, 2001 at 11:09:32AM -0700, Karsten M. Self wrote:
> 
> > 5. Does the old chestnut "I refuse to give evidence on the grounds
> > that I might incriminate myself" actually exist as a right, or is
> > it just something from the movies?
> 
> Not in civil cases, such as, perhaps, a wrongful imprisonment,
> misleading advertising, or class action harm suit (on the part of
> content providers mislead by advertising claims) against eBook
> publishers, and/or the shill organizations supporting them and/or taking
> heat for them:  SPA, SIAA, RIAA.
> 
> In this case, the company can be compelled to testify, and large amounts
> of internal documentation and communications become discoverable.
> 
> The Fifth Amendment protections against self-incriminating testimony
> only apply to criminal law.  This is a triple-edged sword:  useful for
> the plaintif, painful for the defendant, and often impacting both rights
> and balance of power between individuals and corporations.


-- 
// mike castleman, mlc67 at columbia.edu
// current location: columbia university, new york, ny, us
// ph: +1 (646) 382-7220
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