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RIAA's Only Court Victory Declared Mistrial
Jammie Thomas will receive new trial
by Karl Bode 06:55PM Thursday Sep 25 2008 Tipped by David See Profile
For all the years we've watched the RIAA's "sue 'em all" scorched earth legal campaign, they've only really won one case in court, and now that case has been declared a mistrial. A $220,000 penalty has also been thrown out, and defendant Jammie Thomas (who we've discussed previously) will now have a new trial. Of course this time around it may prove more difficult for the RIAA, given that the RIAA lawyers have to prove actual copyright infringement took place. Simply showing that Thomas made files available on the network (the RIAA's previous watermark for copyright infringement guilt) is not good enough.


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88615298
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West Tenness

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reply to FFH

Re: Perfect example of an activist judge

said by FFH:

Reversing himself without any prompting from either participant in the case is almost by definition an example of judicial activism.
A) why you would be FOR teh RIAA is beyond me.

B) get off your neo-con crap. If a conservative judge gauges injudical activism you're all for it because he sides with you. You just don't call it that. So you have situatinal ethics and are alos a hypocrite.

The FACT is that he made a BAD call in the trial and he corrected himself. Nohting wrong with that.

I'm all for getting pirates and illegal downloaders. What I am again is the RIAA and PAA and whomever deciding that things like PROOF are not needed. And just ASSUMING one did something illegal is proof enough. Also the ammounts they want pre violation are redicoulous.

Funny how people like you are for caps on medical malpratice lawsuits when a person has actualy be injured or killed, but when a company wants to sue some poor slob that barely make minimum wage $150,000 per song, somehow that's ok. Songs are 99 cents. So for example if someone steals 100 songs that should be $99 and then triple the damages as allowed by law, so that would be $297. Also since that person would have lost he pays the court costs. No need for a million lawsuit against someone that obviously won't make that much in 25 years. Meanwhile some dude in China is making 100,000 DVD rips of movies still in theaters and has his family in the US sell them at flea markets and the media companies do nothing.


ARGONAUT
Have a nice day.
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RIAA waterboarding

This reads like a feel good story.


cjski
The Wheel Weaves As The Wheel Will
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Sun City, CA

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reply to FFH

Re: Perfect example of an activist judge

said by FFH:

Reversing himself without any prompting from either participant in the case is almost by definition an example of judicial activism.
Dude! Let go of the right-wing talking point...the judge did the right thing.