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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."
The RIAA shoudl just stop making the music available.
Parroting your industry standard reply I see.
When I see that written in a context like this it always seems that it's in order to distinguish this Judge Davis from some other less honorable Judge Davis. As in "No, this one was by the honorable Judge Davis."
Hans? They let you have Internet access for Christmas...?
Hans?! Is that you!