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In Round 2, Jammie Thomas Jury Awards RIAA $1,920,000
NewYorkCountryLawyer writes "Well the price went up from $9250 per song file to $80,000 per song file, as the jury awarded the RIAA statutory damages of $1,920,000.00 for infringement of 24 MP3s, in Capitol Records v. Thomas-Rasset. In this trial, although the defendant had an expert witness of her own, she never called him to testify, and her attorneys never challenged the technical evidence offered by the RIAA's MediaSentry and Doug Jacobson. Also, neither the special verdict form nor the jury instructions spelled out what the elements of a 'distribution' are, or what needed to be established by the plaintiffs in order to recover statutory — as opposed to actual — damages. No doubt there will now have to be a third trial, and no doubt the unreasonableness of the verdict will lend support to those arguing that the RIAA's statutory damages theory is unconstitutional." Update: 06/19 01:39 GMT by T : Lots more detail at Ars Technica, too.
1.9M is so suspiciously close to 2M that a potential previous conversation perfectly could well has been "I pay you 2M if you don't defend yourself, and return only 1.9M... you can keep the change". You know, like using a bait trial to set a precedent.
piracy is a name given to steal inherit immutable social rights.
Like the right to not be killed and pillaged on the high seas?
Making an anti-copyright rant without even bothering to use non-inflammatory terminology is a pretty lame troll.
Please troll better.
How we know is more important than what we know.
From the jury instruction: "The law demands of you a just verdict, unaffected by anything except the evidence, your common sense, and the law as I give it to you." And what, if the law as given by the judge obliterates common sense?
Wish I had some mod points. Great post, right on. The bias on here is absolutely amazing. Thanks.
Because although it's controversial it's also a valid point. It gets pretty pathetic watching some of the circle jerks that go on while people justify piracy on Slashdot.
Is it possible that John McCain threw the election knowing that Barack Obama would be a disaster but also knowing that he had a better chance of winning in 2012?
Do you even lift?
These aren't the 'roids you're looking for.
Assuming a price of $15 per album, the defendant could have stolen 128,000 CDs and resold them and it would have been less damage than what they are collecting for two dozen songs.
Perhaps, but why must the punishment not exceed the maximum possible loss by the RIAA?
You forgot:
- Once again, the MafiAA bought off the judge (who paid for that new swimming pool going into his backyard?) to get the fraudulent "evidence" of MediaSentry (gathered without a PI's license, in violation of numerous laws) put in.
- Once again, the MafiAA brought in an "expert witness" who lied through his teeth.
- Once again, the MafiAA bought a set of ludicrously flawed jury instructions.
Need I go into it any further?