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RIAA Wants Its $222,000 Verdict Back

Posted by samzenpus on from the be-careful-what-you-wish-for dept.

NewYorkCountryLawyer writes "The RIAA, unhappy with the Court's decision setting aside its $222,000 jury verdict over $23.76 worth of song files, and throwing out the legal theory on which it was based, has made a motion for permission to file an appeal from the Judge's order, in Capitol v. Thomas. Normally, only final judgments are appealable, and appeals are not permissible in federal court from 'interlocutory' orders of that nature."

3 of 203 comments (clear)

  1. I love this excerpt: by Forty+Two+Tenfold · · Score: 5, Interesting

    The parties agree that the only evidence of actual dissemination of
    copyrighted works was that Plaintiffs' agent, MediaSentry, copied songs.
    Plaintiffs argue that even if distribution requires an actual transfer, the trial
    evidence established transfers of copyrighted works to MediaSentry. Thomas
    retorts that dissemination to an investigator acting as an agent for the copyright
    owner cannot constitute infringement.

    "It is well–established that the lawful owner of a copyright cannot infringe
    its own copyright."

    --
    Upward mobility is a slippery slope - the higher you climb the more you show your ass.
  2. The real reason they're doing this by dkleinsc · · Score: 5, Interesting

    This has nothing to do with expecting to win, and everything to do with attempting to run up the defendant's legal bills.

    A successful motion response to a similarly silly motion (at least in the State of New Hampshire), was the following letter:
    Honorable Justice ____:

    Plaintiff has got to be kidding.

    Respectfully submitted,
    ________ ________, Esq

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  3. Re:It's not about the money by SL+Baur · · Score: 5, Interesting

    I'm not sure this is up there yet.

    They are definitely working on it. Read the deposition NYCL gave their "Expert" witness. http://recordingindustryvspeople.blogspot.com/2007/03/deposition-of-riaas-expert-available.html

    It's long, but it's awesome. I'm a programmer, not a lawyer, but after reading that deposition and all the stuff about "MediaDefender" I wonder why the RIAA has gotten as far as it has. If I were a judge my reaction to an RIAA lawsuit landing in my court would be more along the lines of uncontrolled laughter than anything else. I suppose that's why I'm a programmer, not a lawyer.

    Their methods are unsound and sooner or later those RIAA lawyers are going to get Jack Thompsoned.