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RIAA lawyers oppose Jammie Thomas getting time to find a lawyer

19 May 2009 12:15 by Rich "vurbal" Fiscus | 14 comments

Last Friday Brian Toder, the lawyer for Jammie Thomas in her defense of RIAA copyright infringement allegations, filed a motion to withdraw from the case. It was unopposed by the RIAA, unlike Ms Thomas' request for a continuance while she finds a new lawyer.

If the objection were to come from anyone but an RIAA lawyer it would probably be surprising. But given their history of manipulating the legal system to ensure an unfair advantage over defendants no one should be shocked.

RIAA lawyers have no qualms about requesting a continuance when it suits their own purposes. In fact it's one of their favorite tactics to use whenever someone refuses to settle and instead insists on a trial.

Of course those continuances serve to cost the defendants money in legal fees (responding to RIAA motions).

Given the evidence against Jammie Thomas it seems unlikely the RIAA could have a stronger case. So why would they be opposed to her mounting the best defense possible?

It's pretty clear what worries them most is an opponent who understands the law. To date they have managed to avoid any judgement on the constitutionality of damage awards which amount to thousands or even millions of times the actual damages proven.

RIAA lawyers claim previous caselaw, which seems to say exactly that, isn't relevant because it doesn't address the statutory minimum, but rather actual damages. But they don't exactly have a stellar track record when it comes to legal theories.

It was another of their controversial arguments, that sharing files is infringement whether anyone downloads them or not, which led to Ms Thomas losing the case initially, and its conflict with relevant precedents which won her a new trial.

Permalink to this article | Topic: Lawsuits & Legislation

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Jammie Thomas loses case to RIAA (18 June 2009)

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

EFF shoots down "making available" argument in Jammie Thomas case (23 June 2008)

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Discuss this article!
ZippyDSM (AfterDawn Addict) 19 May 2009 16:17
Some how I doubt the judge is going to let the circus continue until she gets a lawyer... [ + quote]
cousinkix (Newbie) 19 May 2009 18:37
Let them bring it on! Dragging somebody into a court room trial (without proper legal representation can result in their conviction being overturned on appeal even for murder. Convictions can be overturned by an appeals court, if you can prove that your lawyer didn't know WTF he was doing as well. These RIAA idiots are wasting taxpayers time and money on a circus trial that might blow up in their faces. [ + quote]
Blackjax (Member) 20 May 2009 0:20
Here's an idea... How about a class action lawsuit against these idiots for wasting taxpayer money by manipulating the court system. Yeah I know it won't ever happen but its good to dream isn't it? The riaa does remind of a movie line though... Stupid is as stupid does! [ + quote]
DVDdoug (Junior Member) 20 May 2009 15:01
*Quote:* Let them bring it on! Dragging somebody into a court room trial (without proper legal representation can result in their conviction being overturned on appeal even for murder. Convictions can be overturned by an appeals court, if you can prove that your lawyer didn't know WTF he was doing as well. That's criminal law. This is a civil case. If you are charged with a crime and you can't afford an attorney, the government will provide one for you. But, if your are sued and you can't afford an attorney, you're on your own and you will probably loose. And under the American system, if the defendent wins he/she still has to pay for his/her own lawyer. [ + quote] This message has been edited since posting. Last time this message was edited on 20 May 2009 15:03
borhan9 (AfterDawn Addict) 20 May 2009 21:09
*Quote:* It's pretty clear what worries them most is an opponent who understands the law. I am waiting for the day that the RIAA chooses their next victum and it turns out to be a lawyer and that would be the best day. Mostly yes its the problem that they go for people that do not know the law or have a very limited understanding of it. I feel that one day this circus has to stop period. [ + quote]
cousinkix (Newbie) 21 May 2009 2:51
These a--holes are even suing radio that stream their own locally originated talk shows on line. You don't even have to play their crappy music, for the RIAA mafia to demand annual kickbacks in blood money. Who is the thief really? This is WTF is wrong with the corrupt Amerikan congress. Those ba$+ards and 8i+ches represent the fascist corporations, which finance their dishonest political advertising and not the imbeciles who elected them. I dropped out of this crooked system years ago. Anything above the local elections is a big lie... [ + quote]
vudoo (Member) 23 May 2009 19:33
Word to the wise. If your going to start your own Shoutcast Radio station don't stream on American servers. It makes it harder for the RIAA to determine if you the broadcaster is in the US. Never give your location when you broadcast. And use a FREE voice mail box like laser FREE voice mail. You can spoof your caller ID wen you call to check your messages. You can protect yourself. [ + quote]
damion123 (Inactive) 26 May 2009 0:29
It is essentially important for human beings to follow laws and orders without which a man can be brutal enough harm others. It can be easily mentioned that law plays a vital role in arranging the mob in a systematic manner. So, one should never fail to follow laws of any kind, concerning anything. Damion SPAM REMOVED [ + quote] This message has been edited since posting. Last time this message was edited on 28 May 2009 5:35
damion123 (Inactive) 26 May 2009 0:36
SPAM REMOVED [ + quote] This message has been edited since posting. Last time this message was edited on 28 May 2009 5:35
kavin01 (Inactive) 26 May 2009 23:53
The lawyer for Jammie Thomas is seeking to withdraw from representing his client in the pending retrial of the nation's only Recording Industry Association of America file sharing case to go to a jury. SPAM REMOVED -------------------- kavin [ + quote] This message has been edited since posting. Last time this message was edited on 28 May 2009 5:36
DavidDock (Inactive) 27 May 2009 1:48
The good lawyer is not the man who has an eye to every side and angle of contingency, and qualifies all his qualifications, but who throws himself on your part so heartily, that he can get you out of a scrape. SPAM REMOVED [ + quote] This message has been edited since posting. Last time this message was edited on 28 May 2009 5:38
KillerBug (Senior Member) 27 May 2009 4:23
RIAA may be the worst thing to happen to music since Yoko Ono met John Lennon. ...Then again, they seem to be doing their best to kill the labels by killing radio. I can't complain about that. Current System: Windows 7 RC1, DFI M2RS, ATI 3870HD, Hauppauge WinTV-HVR-1600, Athlon 9950, 6GB Corsair DDR2, 1.5TB RAID-1, 750GB RAIR-1, 500GB RAID-1, 640GB RAID-0 Boot, Intel Gigabit NIC (PCI), LG 20X Lightscribe DVDR, 1430SA, Coolmax 1200w Power Supply, Logitech G15(first edition), Logitech G5(Second Edition), modified 4U server case. Overall configuration: Perfect chair, two 22" widescreens overhead, Logitech 5.1 Audio [ + quote]
scot12345 (Inactive) 28 May 2009 0:04
hello, Well i am a newbie here.got here after waiting for long.but glad to be here.i want to ask how to convert zar files inti avi format. BUT REALLY I AM JUST HERE TO SPAM [ + quote] This message has been edited since posting. Last time this message was edited on 28 May 2009 5:34
henry456 (Newbie) 3 June 2009 5:53
The above consideration.... [ + quote] This message has been edited since posting. Last time this message was edited on 3 June 2009 5:55