ext_48349 ([identity profile] stollman.livejournal.com) wrote in [community profile] fifthtrinity 2004-07-14 01:11 am (UTC)

In point of fact, he was not requesting (and has not received) legal representation.

A diminished capacity plea is only relevant to a crime of specific intent; see Fazzini, 871 F.2d at 641; see also Smith, 638 F.2d at 132.

All that aside, this really is a simple situation. Somebody has tossed out an accusation because it's easy to do and causes stress in someone else they don't like. The response is to send a simple "that's bullshit" letter, forcing them to put up or shut up. This is the only reasonable response (so long as the accusation is unfounded) and so the question is limited to the correct legal wording of the response letter. DCT has kindly provided a well researched, correctly worded, completely sufficient template letter that has been used successfully by hundreds of people over the last couple of years.

IP law isn't simple, but it's not black magic. As in other parts of life, one is probably better off going it alone than feeding the lawyers.

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