RIAA's Request For Appeal Denied In Thomas Case

NewYorkCountryLawyer writes "The RIAA's request for permission to appeal from the decision setting aside its $222,000 jury verdict has been denied by District Court Judge Michael J. Davis. In a brief, 6-page decision (PDF) the Judge dismissed the RIAA's arguments that there is a 'substantial ground for a difference of opinion' on the question of law presented, whether the Judge had erred in accepting the RIAA's proposed jury instruction that merely 'making files available' could constitute an infringement of the plaintiffs' distribution rights. He likewise dismissed their argument that granting permission for the appeal would 'materially advance the ultimate termination of the litigation,' since (a) depending on the outcome of the trial, plaintiffs might not wish to appeal from the judgment, and (b) no matter how the appeals court rules on the 'making available' issue, the case will still have to continue in the lower court, since even if the RIAA wins on the 'making available' issue, the Court will still have to address the constitutionality of the large jury verdict, which may result in a new trial."

Comments

Re:I've heard enough about the RIAA

[dontmakemethink]

I own 1800 cds collected over the last 15 or 20 years. I download the songs from the internet.. too lazy to rip em, so what?

15-20 years? Ok, are you catching more live bands now than you were 15-20 years ago? Do you still have your LP's and cassettes from 15-20 years ago? Educated guess: no on both accounts. You've got most of it on your hard drive, mostly illigitimately, and it's not going to wear out.

So what, right? So what is you not giving a damn about anything but your bottom line. So what is great musicians not being able to quit their day jobs. So what is music venues closing down. So what is your cheap ass turning your back on everything music has ever meant to you.

Know when you're fighting the RIAA and when you're fighting music. There is a distinct difference.