Re: CD of all Files on Asimov

[erik@hypermall.com (Erik Kloeppel)]

In article <swhite-2009961238240001@pulm-mac2.bsd.uchicago.edu>,
swhite@medicine.bsd.uchicago.edu (Steve White) wrote:

>Oh yes, my lawyer friend explained the Fifth. You see, it applies only to
>things that incriminate YOU. You cannot be compelled to testify against
>YOURSELF (and, courts have held, close members of your family). You cannot
>be forced to be a witness against yourself. You CERTAINLY can be compelled
>to testify against someone else if the testimony isn't going to be used
>against YOU.
>
>Check out what prosecutors, judges and grand juries do with immunity
>pledges and contempt citations: it happens all the time. As long as there
>is no threat against you, you are expected to comply with the law and
>assist in its enforcement. That's common law, modified by the restrictions
>of the Fifth Amendment.
>
>My lawyer friend tells me that (as a relevant example) were you to be a
>witness in a court case or grand jury proceeding on the Asimov site, you
>could be compelled, under threat of contempt, to answer whether you know
>if pirated software is at that site, and when, and generally what was
>there. But you can't be compelled to answer if you personally downloaded
>any of it. If then the prosecutor offered you immunity for your testimony,
>you then could be compelled (against under threat of contempt) to answer
>if you in fact did download pirated software from Asimov. Again this is
>just an example and I don't accuse anyone in particular.
>
>No judge or prosecutor can compel you to be a witness against yourself.
>But Nathan and Joe have every right to cooperate with authorities to have
>the site shut down.
>
>Thanks for asking. Hope I clarified that for you.
>
Good answer!  More people on this newsgroup should maintain this kind of
objective and unemotional attitude.  (and, Mr White's post bears repeating
a few times)

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Erik@hypermall.com
                    As a matter of fact, I DO speak for the company!
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