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Jammie Thomas Moves To Strike RIAA $1.92M Verdict
NewYorkCountryLawyer writes "Jammie Thomas-Rasset has made a motion for a new trial, seeking to vacate the $1.92 million judgment entered against her for infringement of 24 MP3 files, in Capitol Records v. Thomas-Rasset. Her attorneys' brief (PDF) argues, among other things, that the 'monstrous' sized verdict violates the Due Process Clause, consistent with 100 years of SCOTUS jurisprudence, since it is grossly disproportionate to any actual damages sustained. It further argues that, since the RIAA elected to offer no evidence of actual damages, either as an alternative to statutory damages, or to buttress the fairness of a statutory damages award, the verdict, if it is to be reduced, must be reduced to zero."
I see your point, but want to develop it a little.
:)
I believe that automotive vehicles should have right of way on the roads. I believe that we should have cycle lanes and footpaths amalgamated into one wide (and segregated) pathway, wide enough for bi-directional movement of both. A second road for cyclists, narrower but parallel to the road network. They can use pedestrian crossings to cross the road. I believe that people who cross the road within a reasonable distance of a pedestrian crossing and are hit buy a motor vehicle obeying the law should be held entirely responsible, right down to repairs for damage to the vehicle and counseling costs for the driver out of insurance or estate (if deceased). Where no crossing is available, common sense dictates a safe place to cross (not on a bend, not near a high hedge blocking view, not between parked vehicles etc).
Very unpopular way of thinging, but ultimately sane.
Mod me Offtopic now
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