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RIAA Insists On 3rd Trial In Thomas Case

Posted by samzenpus on from the if-at-first-you-don't-succeed dept.

NewYorkCountryLawyer writes "Not satisfied with the reduced $54,000 verdict which the Judge allowed it in Capitol Records v. Thomas-Rasset, representing approximately 6500 times the amount of their actual damages, the RIAA has decided to take its chances on a third trial, at which it could only win a verdict that is equal to, or less than, $54,000. Since a 3rd trial in and of itself makes no economic sense, and since the RIAA's lawyers inappropriately added 7 pages of legal argument to their 'notice', it can only be assumed that the reason they are opting for a 3rd trial is to hope that they can somehow bait the Judge into making an error that will help them on an appeal."

12 of 280 comments (clear)

  1. Beating a Dead Horse by poena.dare · · Score: 5, Funny

    "The code of tribal wisdom says that when you discover you are riding a dead horse, the best strategy is to dismount.

    In law firms, we often try other strategies with dead horses, including the following: buying a stronger whip; changing riders; saying things like 'this is the way we have always ridden this horse'; appointing a committee to study the horse; arranging to visit other firms to see how they ride dead horses; increasing the standards to ride dead horses; declaring that the horse is better, faster, and cheaper dead; and finally, harnessing several dead horses together for increased speed."

      -- Judge Thomas Penfield Jackson, 16 February 1999, in the courtroom after lunch on the second day of testimony from Microsoft's Brad Chase.

    1. Re:Beating a Dead Horse by argent · · Score: 3, Funny

      Unfortunately, as it turned out, Microsoft's horse was only mostly dead.

    2. Re:Beating a Dead Horse by icannotthinkofaname · · Score: 4, Funny

      There's a big difference between "mostly dead" and "all dead". You see, "mostly dead" is "slightly alive". With "all dead", well, there's usually only one thing you can do - go through his clothes and look for loose change.

      --
      Let q be a radix > 1. I am in ur base-q, killing 10 d00ds.
    3. Re:Beating a Dead Horse by cerberusss · · Score: 5, Funny

      Being a dick isn't illegal, sleeping with your wife's sister isn't illegal, being selfish isn't illegal

      But mix these three ingredients together and you'll have a wonderful time!

      --
      8 of 13 people found this answer helpful. Did you?
    4. Re:Beating a Dead Horse by argent · · Score: 2, Funny

      But that's not what he said! He distinctly said "to blathe", and as we all know "to blathe" means to bluff! You were probably playing cards and he cheated!

      So we're talking about Microsoft, then.

  2. In other news, the Saints appeal their Bowl Win... by howardd21 · · Score: 5, Funny

    The Saints submitted notice to appeal their Super Bowl win, on the grounds that the Colts unfairly bunched up at the line near the end of the first half, forcing a turnover on downs, and causing the Saints to settle for a field goal on a subsequent series. Sean Peyton, coach of the Saints explained that while they could only lose the game due to appeal, and could in no way increase their margin of victory, they hoped that by filing they may increase their chances of a higher pick in next year's draft. Drunken fans in the french quarter cheered the announcement, and said they "waited 43 years for this, why not wait a little longer".

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    no comment
  3. Re:In other news, the Saints appeal their Bowl Win by Whalou · · Score: 2, Funny

    Can I get this as a car analogy please?

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    English is not this .sig mother tongue...
  4. Oblig by leomekenkamp · · Score: 4, Funny

    That horse is not dead. It's sleeping.

    --
    Wenn ist das Nunstueck git und Slotermeyer? Ja! Beiherhund das Oder die Flipperwaldt gersput.
    1. Re:Oblig by Duositex · · Score: 4, Funny

      Sleeping?! It's pinin' for the fjords!

  5. Re:In other news, the Saints appeal their Bowl Win by A+nonymous+Coward · · Score: 2, Funny

    Toyota, having achieved their goal of becoming the world's largest car company, appealed their win to the court of public opinion by recalling millions of vehicles. There was no hope of becoming larger than themselves, so the only downside was possibly becoming smaller. "We need this appeal to keep our name in the public spotlight," unexplained an anonymous spokesman.

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    Infuriate left and right
  6. Re:New Trial? Whatever Happened to Due Process? by sh00z · · Score: 2, Funny

    I'm aware of the appeal process but is this even an appeal? It sounds more like they're saying "we refuse to accept the court's decision" which is not quite how I recall law in the United States to work

    Well, IANAL, but they can't appeal--because they won the case.

  7. Re:New Trial? Whatever Happened to Due Process? by neoform · · Score: 2, Funny

    Well, the RIAA are the ones insisting on a new trial, so I suspect the answer is until the RIAA gets the verdict they want .

    Whew, the system works.

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    MABASPLOOM!