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RIAA's $222k Verdict Is Likely To Be Set Aside
NewYorkCountryLawyer writes "Apparently the RIAA's 'big gun' didn't fare so well this morning in Duluth, when he tried to persuade the judge in Capitol v. Thomas that the part of the Copyright Act which says 'by sale or other transfer of ownership, or by rental, lease, or lending', can be disregarded. According to an in-person account by Wired.com the Judge indicated that he is likely to grant a mistrial, setting aside the $222,000 jury verdict based upon his incorrect jury instruction, and that he will probably hand down his decision in September. Just yesterday some of the same lawyers got rebuffed by the US Court of Appeals for the Second Circuit in their attempt to argue that Cablevision's online storage for its customers constitutes a copyright infringement, in Cartoon Network v. CSC Holdings. There, too, the content owners had argued that the wording of the Copyright Act did not mean what it said. There, too, the Court politely but firmly disagreed."
but to set aside a jury's verdict is fairly unamerican
Not when the judge in question gave an incorrect interpretation regarding a point of law to the jury that almost certainly affected the verdict. I think it's a sign of a pretty good judge when he has the balls to say he made a mistake big enough to warrant a do-over.
Please stand clear of the doors, por favor mantenganse alejado de las puertas
Most libraries have a copy machine in them. So, Person 'A' walks into a library, takes a book off the shelf, walks over tot he library's copy machine, and copies the book.
Who's responsible? Person 'A' who did the copying? Or the library for 'making available' the copier??
That's perhaps the fourth time I've seen that in this thread. RIAA trolls sure do have a lot of free time.
Requiem for the American Dream