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

I've heard enough about the RIAA

[Adult film producer]

Fuck them. Will they not go away? 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? Fuck off already.

Re:I've heard enough about the RIAA

[b4dc0d3r]

Fuck them.
  -Adult film producer (866485)

Parroting your industry standard reply I see.

Re:I've heard enough about the RIAA

[ScrewMaster]

That's a truly odd accusation to make; my employer(s) had no influence nor relevance to my comment.

Well, you clearly missed the GP's point (or perhaps are deliberately misconstruing it.) Generally, those who express opinions similar to yours on Slashdot are considered to be RIAA shills. Frankly, the fact that the media people have taken such an obvious dislike to Mr. Beckerman in particular indicates that he's doing something right. If he's enriching himself over this he's no different than the majority of attorneys in this country. He's on the right side, and that's sufficient for most of us. I do suspect you're right in one sense: he's probably not driving a used Chevrolet, and isn't giving his services away for free. What, exactly, was your point again?

So far as impartiality goes ... well. Given that his blog refers to original legal documents whenever they're available makes it hard to claim any degree of journalistic bias or manipulation of facts (other than the fact he makes no bones about his opinion of the way RIAA attorneys practices law.) There aren't too many other sources of reliable information on this subject, anyway, and honestly some of us appreciate his efforts.

You're free to disagree, and you're opinion is certainly welcome so far as it goes. Just don't expect a lot of support for them in this particular venue.

Re:I've heard enough about the RIAA

[Gerzel]

Ironically Machiavelli never had a Machiavellian bone in his body. The guy was being honest about how he saw countries being run in The Prince; it wasn't really how he thought they should be run.

This is brought to you by the people to give the old Italian politico farmer a proper memory in the public consciousness committee or PTGTOIPFAPMITPCC

Re:The judge said it best

[poetmatt]

As it's been said in the courts,

they're treating it like criminal matter but it's civil.

The reason is that you can't subpoena people's addresses and stuff like that if it's civil. Also, unlike criminal court, you absolutely have to pay the fines if you lose. Since there is no proof of distribution, they'd have to pay for every single case.

Re:Too many ads

[hostguy2004]

The "Recording Industry vs. the People" site has become incredibly ad-heavy. It now has layer ads that won't dismiss, a link farm, and regular Google ads. This thing has advertising from services I've never even heard of, like "shareasale.com". Amusingly, it has ads for RIAA-controlled music, and even for the iTunes store.

Block "st.blogads.com" to make it at least tolerable.

Before you get modded OT and NYCL will miss your post, I suggest that you politely email him.

I enjoy his many submissions to Slashdot, so perhaps people should consider donating to his website, instead of criticizing his advertising.

Congratulations

[symbolset]

If you can read this, you're now a criminal.

L'ENVOI
What is the moral? Who rides may read.
When the night is thick and the tracks are blind
A Friend at a a pinch is a friend indeed;
but a fool to wait for the laggard behind;
Down to Gehenna or up to the Throne,
He travels fastest who travels alone.

White hands cling to the tightened rein,
Slipping the spur from the booted heel,
Tenderest voices cry, "Turn again."
Red lips tarnish the scabbarded steel.
high hopes faint on a warm hearthstone --
He travels fastest who travels alone.

One may fall but he falls by himself --
Falls by himself with himself to blame;
One may attain and to him is pelf,
Loot of the city in Gold or Fame:
Plunder of earth shall be all his own
Who travels the fastest and travels alone.

Wherefore the more ye be holpen and stayed--
Stayed by a friend in the hour of toil,
Sing the heretical song I have made--
His be the labor and yours be the spoil.
Win by his aid and the aid disown--
He travels the fastest who travels alone.
- Rudyard Kipling, 1865-1936, from "The College Survey of English Literature", (c)1942, Harcourt, Brace and Company, Inc.

Yes, the author's life plus 70 years has passed. Unfortunately I took this work from a compendium that owns the rights of reproduction that will persist well into the next century. This bit our our culture has been stolen from us by lawyers and sold legislators. Under current law there is no legal difference between you downloading Britney Spear's latest attempt at vocal rehab and your browser loading this poem written nearly a century ago on this page. That's wrong. That's very wrong.

And now you're a dirty information property stealing criminal. You should be ashamed of yourself.