RIAA loses Jammie Thomas appeal
p2pnet news view | RIAA News:- The RIAA’s last-ditch effort to kill judge Michael Davis’ decision to take a long, hard second look at Capitol Records vs Jammie Thomas has failed.
Media reports around the world trumpeted what Vivendi Universal, EMI, Warner Music and Sony BMG’s RIAA called a resounding triumph when a Minnesota jury said Thomas, a single mother of two, owed the Big 4 almost a quarter of a million dollars.
“Unfortunately, by using Kazaa, Thomas acted like countless other Internet users,” Davis ruled when he decided there were grounds for a new trial.
Thomas’ alleged acts were illegal, but common, he wrote, and while her, “status as a consumer who was not seeking to harm her competitors or make a profit” didn’t excuse her behavior, it did make the award of hundreds of thousands of dollars in damages, “unprecedented and oppressive”.
This time around, he ruled there was, “no substantial ground for a difference of opinion” on the, “question of law presented,” and allowing the RIAA’s appeal would not “materially advance the ultimate termination of the litigation,” says Recording Industry vs the People.
Davis, who’d heard the case, “did a complete about turn, admitting he’d incorrectly instructed the jurors when he told them Thomas had infringed Big 4 copyrights by merely making copyrighted music available via Sharman Networks’ Kazaa file sharing application,” said p2pnet.
When he admitted he’d made an error in law, the RIAA wanted a federal appeals court to second guess his decision.
But, “Let’s step back for a moment,” RIvTP’s Ray Beckerman told p2pnet »»»
The judge vacated the verdict because the first time around he had allowed himself to be misled by the RIAA lawyers.
He`s now researched the issue thoroughly, and knows that he`s right, and that the RIAA was dead wrong.
He`s not going to let himself be snowed again.
Davis hadn’t even scheduled a date for the new Thomas trial when RIAA attack lawyers begged for permission to appeal the Court`s September 24, 2008, decision setting the $222,000 jury verdict aside.
Transcript online
And not at all incidentally, the complete trial transcript of Capitol Records v. Jammie Thomas now online, notes Beckerman.
Transcript, October 2, 2007, pp. 1-278
Transcript, October 3, 2007, pp. 280-543
Transcript, October 4, 2007, pp. 544-643
“This transcript will be an invaluable aid to those of us representing defendants in RIAA cases,” he say, suggesting among the many interesting things to look for are:
- The early-morning argument on October 4, 2007, where Richard Gabriel convinced Judge Davis to change his mind and accept the plaintiffs’ proffered jury instruction
- The testimony of Jennifer Pariser in which — according to Cary Sherman — she “misspoke”
- The testimony of the RIAA’s expert witness Doug Jacobson
- The testimony of the MediaSentry investigator
- The technology issues relating to the service performed by Best Buy on Ms. Thomas’s hard drive
- The voir dire of the RIAA’s expert and defendant’s counsel’s decision not to object to the expert.
“And on and on ….”
Definitely stay tuned.
Capitol Records vs Jammie Thomas – p2pnet Jammie Thomas v RIAA digest, June 28, 2008
new trial – RIAA vs Jammie Thomas: new trial, September 24, 2008
Recording Industry vs the People – RIAA’s motion for interlocutory appeal in Capitol Records v. Thomas denied, December 27, 2008
p2pnet – RIAA bid to block new Jammie Thomas trial, Oxctober 16, 2008
Use free p2pnet newsfeeds for your site. It`s really easy!
Subscribe to p2pnet.net | | rss feed: http://p2pnet.net/p2p.rss | | Mobile – http://p2pnet.net/index-wml.php
Net access blocked by government restrictions? Use Psiphon from the Citizen Lab at the University of Toronto. Go here for details.
December 29th, 2008 at 9:16 am
page 80 plaintiff opening statement : “the fact is you’ll hear evidence that two computers cannot work if they are connected to the internet with the same IP address at the same time, just physically cant happen”
LMAO FAIL.
December 29th, 2008 at 5:08 pm
The sen a lo of mony to bribe a lt of people includinghe jury and Pouff! They failed anyway!
they are probalby running out of money any way finally!
Die! RIAA Die! you parasites!
December 29th, 2008 at 5:13 pm
âthe fact is youâll hear evidence that two computers cannot work if they are connected to the internet with the same IP address at the same time, just physically cant happenâ
This is the bigest lie!
Just use a switch or a router and many many computers can use the sam internet IP address you RIAA big fat liers!
December 29th, 2008 at 5:21 pm
I mostly enjoy p2pnet but it is a pity that manhy of the comment posts are from young and retarded people.
December 29th, 2008 at 8:31 pm
” I mostly enjoy p2pnet but it is a pity that manhy of the comment posts are from young and retarded people. ”
Specifically, which posts do you find fault with , and why ?
Is it the spelling ?
That would be ironic.
December 29th, 2008 at 9:26 pm
Any comment from that retard chronoss2009, it is usually some incoherent rant, misspelled, if you want a sample do a search in dslreports where he goes on about the bell conspiracy where they follow him in the bell vans.
December 30th, 2008 at 1:40 am
-This is very good news indeed and I’m glad for Jammie and her family. I wonder if crushing the RIAA this way was actually better than winning the first time round? I dunno. What do others think?
-It’s really obvious now why they are leaning on the ISPs to implement their rights-sapping three strikes policy isn’t it? No due process, no review of their flimsy evidence. And as a bonus, they keep on spouting the non-existent crime of “making available” which has been shot down so many times now that it’s getting funny.
-Let’s hope they fail here, too.
—————
OK, getting filterered by an overzealous WordPress again. Let’s hope these changes make it through.
December 30th, 2008 at 6:46 pm
” Any comment from that retard chronoss2009, ”
Funny, I don’t see any posts here from chronoss2009.
Once again, in THIS thread, exactly which posts do you find to be ” from young and retarded people “,
and why, exactly , you feel that way ?
Please be specific, i’d like to know your reasoning.
December 30th, 2008 at 7:53 pm
ããªã ã ã³ããã ã§ã ã ?
ãããã¾ã.
ããã ã ã¿ã㪠ã ããã ã§ã ãªã.