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Transmaster
Don't Blame Me I Voted For Bill and Opus
join:2001-06-20
Cheyenne, WY
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| Re: Thats stupid.. don't be despondent yet all the Supreme Court did was send the issue back down to the courts for full litigation, remember court cases in question where bench rulings. Now they will have to go to full trial with a jury and everything else. It isn't over yet, and this is going to cost the RIAA's minions 10 of millions of dollars. Aren't most of the P2P's off shore now. I would like to see the recording industry tangle with the manufacturers of all of the MP3 players. There are many of these companies to whom the entire recording industry is a corner ma and pop drug store in terms of capitalization.
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Kaltes
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join:2002-12-04
Los Angeles, CA
| No, it *IS* over said by Transmaster  :don't be despondent yet all the Supreme Court did was send the issue back down to the courts for full litigation, remember court cases in question where bench rulings. Now they will have to go to full trial with a jury and everything else. It isn't over yet, and this is going to cost the RIAA's minions 10 of millions of dollars. Aren't most of the P2P's off shore now. I would like to see the recording industry tangle with the manufacturers of all of the MP3 players. There are many of these companies to whom the entire recording industry is a corner ma and pop drug store in terms of capitalization. There will not be a trial. The dispute was a matter of LAW, and trials are for resolving FACTS. The facts are not disputed. The trial court will dispense with the case by issuing an order that the plaintiffs motion for summary judgment is GRANTED. the end. | |
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TKJunkMail
Enjoy the sun
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join:2002-03-03
Avalon, NJ
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| Re: No, it *IS* over said by Kaltes : There will not be a trial. The dispute was a matter of LAW, and trials are for resolving FACTS. The facts are not disputed. The trial court will dispense with the case by issuing an order that the plaintiffs motion for summary judgment is GRANTED. the end. I'm sorry, but the SC said there will be a trial:
»money.cnn.com/2005/06/27/technol···ndex.htm
But Monday's ruling by the nation's highest court does not end the battle. The Supreme Court order sends the case back for trial to the same lower court that had originally ruled in favor of Grokster Ltd. and StreamCast Networks Inc., the file-sharing services named in the case. Hollywood now must prove in court that Grokster was founded with the purpose of enabling infringement, not just that that was just a byproduct. Hollywood may win, but it isn't a foregone conclusion.
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Kaltes
Premium
join:2002-12-04
Los Angeles, CA
| Re: No, it *IS* over said by TKJunkMail : I'm sorry, but the SC said there will be a trial: The supreme court didn't say that, the NEWS ARTICLE did. Big difference.
It is POSSIBLE that there would be a trial, if the new legal rule creates NEW issues of fact that must be resolved, but as far as the news articles reveal thus far, there would be no need for a trial.
Trials only take place when material facts are disputed, there have been no factual disputes in this case, only legal disputes. Those legal disputes have now been resolved. | |
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