Court Grants RIAA Summary Judgment Motions vs. Limewire
NewYorkCountryLawyer writes "District Court Judge Kimba Wood has granted some of the RIAA's key summary judgment motions in Arista Records v. Lime Group. In her 59-page decision (PDF), she found Lime Group itself, as well as its CEO and a separate company, liable for intentionally inducing Limewire users to infringe plaintiffs' copyrights. The decision was not a final judgment, so it is not appealable. Additionally, it denied summary judgment on certain issues, and did not address any possible damages."
> The decision was not a final judgment, so it is not appealable.
Not immediately appealable, anyway.
For the nonlawyers in the room, summary judgment means basically that somebody wins their argument, or parts of their argument, because even if everything the other guy said was true, the other guy still loses. Like if you ask a kid "Did you throw a rock at Timmy?" And the kid says "I did, but I like throwing rocks!" or "It was a horseshoe, not a rock."
In this case, even if everything Limewire said was true, they still lose. (At least, they still lose everything they lost here.)
The decision can usually be appealed, but only after the trial ends or in rare cases with special permission. Since it influences the outcome of settlement proceedings, and most things settle, they are rarely but not never appealed.
-- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!