AfterDawn: Tech news

RIAA lawyers still fighting to stop Jammie Thomas' new trial

Written by Rich Fiscus (Google+) @ 12 Nov 2008 23:06 User comments (15)

RIAA lawyers still fighting to stop Jammie Thomas' new trial Last year a Minnesota woman became the first person ever to lose a P2P copyright infringement case to the RIAA. It was initially heralded as a victory for the RIAA's argument that simply offering files for download violated copyright holders' exclusive rights. But after Thomas appealed the decision she was granted a new trial based on the judge's determination that the RIAA's legal theory was directly contradicted by everything from legislative intent to prior caselaw. But instead of getting her day in court she's once again fighting for her new trial as the RIAA looks to appeal her appeal.
Confused yet? Well that's probably the point. In fact, like much of what RIAA lawyers claim, their justification for appealing the decision doesn't seem to have much in common with the facts. It goes something like this.

The entire "making available" claim is based on a number of cases involving secondary infringement. In each of those cases the defendant was a third party who contributed to someone else's copyright infringement. In setting aside the original judgement and ordering a new trial Judge Michael J. Davis said as much.

Now RIAA lawyers are asking to delay the new trial while they appeal his decision to grant the new trial. And the reasoning behind the request? Basically they're ignoring what the judge said and claiming there's dissent among different judges as to whether simply offering files for download constitutes distribution of those files.

The problem with this is that the only reason there's any confusion is the RIAA's use of unrelated cases in the first place. And that's what the judge dealt with when he granted a new trial.

What's more, if the RIAA did actually have a case for appeal they'll get that chance after the new trial is finished. As Thomas' lawyers are pointing out in a new memorandum filed with the court that would basically give them an extra appeal they're not entitled to.

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15 user comments

113.11.2008 1:24

Sounds like that old southpark episode with that jonny cocran lawyer, "now would chewbacca speak? no, it doesn't make sense. Chewbacca is a hairy monster, and he talks, it doesn't make sense. That is why ladies and gentlemen my client is innocent

213.11.2008 10:49

Quote:
Confused yet?
is an understatement!

313.11.2008 13:34

This case reminds me of the movie musical Chicago, When they sing all that jazz and when they both reached for the gun. Its all a smoke screen.

413.11.2008 21:46

Ah, the "Chewbacca defense" I'll have to try that in court someday. A 6 foot wookey living with a bunch of ewocks....It doesn't make sense.

514.11.2008 7:00

I think the RIAA has figured their gun is only loaded with blanks. The want to look a fearsome as possible but do not want actually engage in a fire fight because everyone would be sure they are nothing more than a paper tiger. They certainly do not want the tens of thousands that settled out of court come after them. That would bankrupt them.

I have not noticed any new Kazza users getting haulled into court. Their latest push is to change the laws to make P2P of copyrighted material illegal.

614.11.2008 11:20

Originally posted by Mez:
I think the RIAA has figured their gun is only loaded with blanks. The want to look a fearsome as possible but do not want actually engage in a fire fight because everyone would be sure they are nothing more than a paper tiger. They certainly do not want the tens of thousands that settled out of court come after them. That would bankrupt them.

I have not noticed any new Kazza users getting haulled into court. Their latest push is to change the laws to make P2P of copyrighted material illegal.

I think they've always known their cases wouldn't hold up to any serious scrutiny. Their plan has probably been to avoid any judicial oversight from the beginning.

While this seems like a silly premise to most people, it's clear the record labels don't live in the real world with the rest of us. I can't think of any other explanation for their refusal to spend significant resources coming up with a working business model that takes advantage of the internet and portable media players. You really have to question the mental state of anyone who really believes you can alter reality through judicial or legislative fiat.

714.11.2008 15:21

vurbal, well stated! I do believe they thought their case was better than it panned out. They are not in the real world. I have worked for enough ass-hole companies to know how out of touch management can be. They think as pack animals, not objectively.

817.11.2008 19:57

What a bunch of scumbags!

911.12.2008 3:51

Well here I was thinking, pretty soon those SOB from the RAA are going to say that they have patented or have rights to listen the sounds of nature, we will have to pay this greedy SOB just to go to the park or just go out side. Ass it stand right now they selling crappy movie an remake of movies that have no plot or a since of direction or clear thought, FK soon we will not have any right to even think just because they say so, all that comes to mind is this {Buffalo Springfield - For What It's Worth} this music, ever since but head bush all the cronies that he has so ported like RAA WRAA all they do is cry wolf, an all the sheep look around, but do not see wolf in sheep clodding, and if you cannot see here is another Nam. but with wolfs and the sheep are in circle, an the wurst part of the sheep circle do not bother to look inside and blame the dog for crying wolf that they just do not want to see, just because they think the grass is greener on that spot. So spot sit stop! They have rights we do not. Hell where did the bill of right went ho ho ho that was in the old days just to get the people to so port there right not you not my yours, well I guess congress has not change since 1900 because it is the same old game they cry fool and we look but do not see that we are are the fools it just dose not change, they say it is because of the influx of illegals that is why you do not have a job, bull it is because you did not pay attention. When they move the plant to Mexico or Thailand, no they cut you out and you did not a thing, like the commercial say say no to this bull.

1011.12.2008 6:53

Hey lott, I think that was Total Recall, where the air wasn't free.

Oh I don't think our law makers have anyone fooled. The problem is you have long lists of crooks trying to get into office so they can steal more than they are now. You vote one set of crooks out and in come more crooks. To get rid of the cockroached you need to burn them out!

1111.12.2008 23:03

Originally posted by Mez:
Hey lott, I think that was Total Recall, where the air wasn't free.

Oh I don't think our law makers have anyone fooled. The problem is you have long lists of crooks trying to get into office so they can steal more than they are now. You vote one set of crooks out and in come more crooks. To get rid of the cockroached you need to burn them out!

Mez your are right it was Total Recall. I guess the mind is curious despite what kind of crap they try to hypnotize and manipulate in our lives, we still see the truth just ignore it, but the problem is most people that where brought up in the states, has the crap that they pump in it a great live with jimmy & Mr. Rogers, that would be ideal but that is not the reality of life, just look at the miracle of Christmas it is nothing like the movie yes & no, Santa goes jail yes but is shown it is Santa stay in Bellevue Hospital for 2 years with heavy mounts of drugs, and when he no longer knew who he was, they let Santa out all screwed up for live. This is life miracle/one flew over cuckoo's nest , that is the reality. Life is compromise, to do what is right, or be politically correct, but most people what is politically correct meaning that they are doing thing's for the wrong reason just to go with the flow. And the flow is directed by none other's, then those with power in the media, people era so easily persuaded by words, just look at the difference of this line of a pole 1>do you like the president's policy. 2>do you like what the president has done. Them they say in the media well there is 53% for, 47% not in favor, for what ever they put at the end of the line, that is what's being push up crammed down in to or thoughts.

1212.12.2008 7:27

Except for starting a war, there is really nothing a president can do on his own. As for the echonimic chrisis. There have been a whole string of laws since the Carter era making it easier and easier for poor persons to get mortgaues. The last one almost made illegal not to give a mortgage to a poor person. The law made the Freddies buy up the bad loans so even the terrible risks could buy houses. Bush had little to do other than he signed that last bill. That was a real liberal bill I doubt the Bush wanted to sign that. I do hold him responcible for the war. That alone give him the booby prize the friggen moron! Saddam Hussein kept Iran under control. The would each kill 100,000 of the other side anually. Only a mindless wonder would get rid of him. I am sure he was worth a trillion dollars a year killing off Iranies and terrorists. We could not afford to kill him.

1312.12.2008 19:35

Originally posted by Mez:
Except for starting a war, there is really nothing a president can do on his own. As for the echonimic chrisis. There have been a whole string of laws since the Carter era making it easier and easier for poor persons to get mortgaues. The last one almost made illegal not to give a mortgage to a poor person. The law made the Freddies buy up the bad loans so even the terrible risks could buy houses. Bush had little to do other than he signed that last bill. That was a real liberal bill I doubt the Bush wanted to sign that. I do hold him responcible for the war. That alone give him the booby prize the friggen moron! Saddam Hussein kept Iran under control. The would each kill 100,000 of the other side anually. Only a mindless wonder would get rid of him. I am sure he was worth a trillion dollars a year killing off Iranies and terrorists. We could not afford to kill him.
Why is it everyone thinks that I am talking of Jr. but head, this monopolies started when Regan moved in to office, that is when it all went to hell in hen basket, who was one of the advisor to Regan and no less then a vise president, that is all the slap on the hand for dirty dealing started up. Did you forget enron, S&L, or how many in wall street went to jail, or how many got there refunds, there was 3000 senior citizen that where left out in the street, that is one of the few reasons that I left the states, left no social security, tax the hell on all retirement funds and so on, I leaved in Florida where kid where guaranteed health care till the Busch's took over lets not forget the vote that where invalidated I was one of those that was out side of the U.S. Citizen that there vote where invalidated, and I went to the Embassy in 3 occasions did all the paper work for what, where was my representation, it is true we do not elect the president but my so call representation is done by my vote,

1412.12.2008 19:48

I Am sorry Mez I am stepping of the topic, but it is all related in one way or another, to this topic indirectly just not so clearly but big business dose have to do with this topic there is only one side of the coin being represented by most media.

1516.12.2008 9:46

No apologies needed. This thread is a month old. New releases take on a life of their own by this point.

However, my point was that a president does not make laws he only signs them. If he doesn't sign laws then he can't get what he wants passed.

As I said before the only big thing a president can do is start a war. Which the last 4 have done.

Our current US chrisis was created by laws passed by every president since and including Carter. In the last 25 years it has become easier and easier for people with bad credit to get mortgages. It is those mortgagues that have defaulted.

However the RWEAL problem is the world led by the US has been borrowing money to live better. We have gotten careless with money. Now we will have to pay.

That is exactly what happened in the 20s. People spent what they did not have. Things will be far worse this time around. The world has come to rely on easy money and cheap energy. Thanks to the US, we have used up most of the cheap energy foolishly. The US auto makers bribe congress to get around efficent gas requirements.

The US allows millions of persons every year to come to the US and start driving huge cars to help suck down any remaining gas. The US as gone very foul and the law makes will not be happy until every resource on earth has been used up. They are truely an enemy of the earth not just the US!

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