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RIAA denied appeal

31 December 2008 15:11 by Andre "DVDBack23" Yoskowitz | 12 comments

The RIAA has been denied their request to appeal a judge's decision that has granted a retrial in the RIAA's case versus Jammie Thomas.

U.S. District Judge Michael Davis of Minnesota originally declared the trial a mistrial, and nullified the jury's $222,000 award against Thomas over her alleged sharing of 24 songs on Kazaa. The mistrial was declared because the judge erroneously told the jury that downloading music from P2P networks constitutes as copyright infringement, when it in fact, does not.

Davis added that "actual distribution of copyrighted music must be shown," meaning that the RIAA must prove that others downloaded the music Thomas was sharing. The RIAA admitted that it would be virtually impossible to do so.

The retrial is scheduled for March 9th.

Permalink to this article | Topic: Lawsuits & Legislation

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RIAA lawyers still fighting to stop Jammie Thomas' new trial (12 November 2008)

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Discuss this article!
Leningrad (Member) 31 December 2008 15:47
Get the champagne ready!!! [ + quote]
Hellrasin (Newbie) 31 December 2008 16:20
Then get ready to shake rattle n roll!! [ + quote]
bryston (Senior Member) 31 December 2008 16:27
*Originally posted by Leningrad:* Get the champagne ready!!! I'll drink to that ! Jo [ + quote]
rosedog (Member) 31 December 2008 16:59
PWND! [ + quote]
HeadGEAR5 (Newbie) 31 December 2008 22:18
Ha Ha! [ + quote]
engage16 (Member) 1 January 2009 0:21
The RIAA admitted that it would be virtually impossible to do so. They shot themselves in the foot there... [ + quote]
jay4 (Junior Member) 1 January 2009 5:24
just a few more cases like this and who knows? these snowballs could throw in the towel lol.(we can only hope) regards jay4 jay [ + quote]
tin23uk (Junior Member) 1 January 2009 12:17
they allready threw in the towel, thats why they moved to working with isp's to enforce the 3 strike rule rather than start any more new lawsuits. right now they are just tying up loose ends with the already pending cases, as for the jammie thomas case i dont see why they dont just drop it, they are no longer trying to set a precident for new cases because they have allready said they wont be starting any more. [ + quote]
Shegax (Junior Member) 1 January 2009 22:59
Wow this is crazy....look how long the court system lags things on and on and on... WHo uses Kazaa anymore? But I am glad with the ruling. [ + quote]
eiamhere (Junior Member) 2 January 2009 8:31
When it was announced that they were to work with ISP's a couple of weeks ago, I new there was an alternative motive/reason for it. They knew that their illegal harrasment tactics were past their peak, so have now switched tactics. [ + quote]
lamchops1 (Member) 2 January 2009 19:25
Justice finally . USC Trojans Rule Forever !!! [ + quote]
damncrap (Newbie) 7 January 2009 11:21
So what happens when like 75% of a big ISP company like comcast's customers hit the 3 strikes and are band from having internet. They wont survive if a shit load of customers get banned and dont buy there service anymore lol this shall be fun to see.... [ + quote]