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	<title>Comments on: RIAA boss admits witness &#8216;misspoke&#8217;</title>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/14546/comment-page-1#comment-263049</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Sat, 05 Jan 2008 14:34:49 +0000</pubDate>
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		<description>It appears to me that it wasn&#039;t only Parisers verbal remarks that may have affected the case.

The jurors in Jammie&#039;s case were given 30 pages of instructions.
The jurors were told that it is an act of copyright infringement to reproducea copyrighted work.
I see no mention of Fair Use in the jurors instructions:

From:
http://blog.wired.com/27bstroke6/files/jury_instructions.pdf

&quot;JURY INSTRUCTION NO. 13
Each plaintiff claims in this case that the defendant
violated its exclusive rights to reproduce and distribute
its copyrighted works. One who either reproduces or
distributes a copyrighted work during the term of the
copyright infringes the copyright, unless licensed by the
copyright owner.&quot;

and here is where they tell the jurors if a copyright infringement (as mentioned above) took place, then it&#039;s a guilty verdict:

&quot;JURY INSTRUCTION NO. 16
If you find that plaintiff CAPITOL RECORDS INC. had a
valid copyright and you find that that copyright was
infringed by defendant, then you should find for plaintiff
CAPITOL RECORDS INC. You must then decide on the amount of
damages plaintiff CAPITOL RECORDS INC. is entitled to
recover.
If, however, you find that such plaintiff did not prove
an infringement by defendant, you should find for defendant
and not decide any amount of damages.&quot;</description>
		<content:encoded><![CDATA[<p>It appears to me that it wasn&#8217;t only Parisers verbal remarks that may have affected the case.</p>
<p>The jurors in Jammie&#8217;s case were given 30 pages of instructions.<br />
The jurors were told that it is an act of copyright infringement to reproducea copyrighted work.<br />
I see no mention of Fair Use in the jurors instructions:</p>
<p>From:<br />
<a href="http://blog.wired.com/27bstroke6/files/jury_instructions.pdf" rel="nofollow">http://blog.wired.com/27bstroke6/files/jury_instructions.pdf</a></p>
<p>&#8220;JURY INSTRUCTION NO. 13<br />
Each plaintiff claims in this case that the defendant<br />
violated its exclusive rights to reproduce and distribute<br />
its copyrighted works. One who either reproduces or<br />
distributes a copyrighted work during the term of the<br />
copyright infringes the copyright, unless licensed by the<br />
copyright owner.&#8221;</p>
<p>and here is where they tell the jurors if a copyright infringement (as mentioned above) took place, then it&#8217;s a guilty verdict:</p>
<p>&#8220;JURY INSTRUCTION NO. 16<br />
If you find that plaintiff CAPITOL RECORDS INC. had a<br />
valid copyright and you find that that copyright was<br />
infringed by defendant, then you should find for plaintiff<br />
CAPITOL RECORDS INC. You must then decide on the amount of<br />
damages plaintiff CAPITOL RECORDS INC. is entitled to<br />
recover.<br />
If, however, you find that such plaintiff did not prove<br />
an infringement by defendant, you should find for defendant<br />
and not decide any amount of damages.&#8221;</p>
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		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/14546/comment-page-1#comment-262534</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Sat, 05 Jan 2008 05:53:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/14546#comment-262534</guid>
		<description>FEELING THE HEAT RIAA?  Good!  That statement about ripping legally purchased CD&#039;s to a computer being illegal, was a very STUPID statement and it has angered a lot of people.

I do not think that Cary Sharman was setting the record straight about ripping legally purchased CD&#039;s because he wanted to....I think he HAD to make some kind of statement.The pressure was mounting and contunues to do so.  

To say that woman from Sony &quot;mis-spoke&quot;, was an understatement. There is no law against the making of a backup copy of a CD a person legally purchased. It falls under fair use. So they KNEW they were in the wrong on that one! 

Now Sony has finally dropped DRM tracks! Seems that the tide is turning in the consumers favor. It&#039;s about time!</description>
		<content:encoded><![CDATA[<p>FEELING THE HEAT RIAA?  Good!  That statement about ripping legally purchased CD&#8217;s to a computer being illegal, was a very STUPID statement and it has angered a lot of people.</p>
<p>I do not think that Cary Sharman was setting the record straight about ripping legally purchased CD&#8217;s because he wanted to&#8230;.I think he HAD to make some kind of statement.The pressure was mounting and contunues to do so.  </p>
<p>To say that woman from Sony &#8220;mis-spoke&#8221;, was an understatement. There is no law against the making of a backup copy of a CD a person legally purchased. It falls under fair use. So they KNEW they were in the wrong on that one! </p>
<p>Now Sony has finally dropped DRM tracks! Seems that the tide is turning in the consumers favor. It&#8217;s about time!</p>
]]></content:encoded>
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	<item>
		<title>By: Reader's Write</title>
		<link>http://www.p2pnet.net/story/14546/comment-page-1#comment-262463</link>
		<dc:creator>Reader's Write</dc:creator>
		<pubDate>Sat, 05 Jan 2008 04:25:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/14546#comment-262463</guid>
		<description>I will say one thing for the RIAA and their ilk. They are being successful at helping folks come to the decision that no one wants their stuff for free much less for paying for it. They are the best bad publicity money can buy for helping the public realize that they no longer need big music nor the hassles that come from dealing with them. 

Why buy products that will end you up in this sort of bind?</description>
		<content:encoded><![CDATA[<p>I will say one thing for the RIAA and their ilk. They are being successful at helping folks come to the decision that no one wants their stuff for free much less for paying for it. They are the best bad publicity money can buy for helping the public realize that they no longer need big music nor the hassles that come from dealing with them. </p>
<p>Why buy products that will end you up in this sort of bind?</p>
]]></content:encoded>
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	<item>
		<title>By: Aaron</title>
		<link>http://www.p2pnet.net/story/14546/comment-page-1#comment-262124</link>
		<dc:creator>Aaron</dc:creator>
		<pubDate>Fri, 04 Jan 2008 21:29:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.p2pnet.net/story/14546#comment-262124</guid>
		<description>Hmmm... perhaps grounds for an appeal?</description>
		<content:encoded><![CDATA[<p>Hmmm&#8230; perhaps grounds for an appeal?</p>
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