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RIAA Appeals Mistrial Ruling In The Jammie Thomas Trial
from the i-object! dept
The RIAA seems so positively offended that its "making available" theory keeps getting rejected by courts that it's willing to object to just about anything. As you probably know, the RIAA's only "win" in a full trial was declared a mistrial, after the judge realized he had made a "manifest error of law" in incorrectly instructing the jury that simply making a file available in a shared folder was the equivalent of "distribution" under copyright law. The judge then ordered a new trial.
It probably shouldn't come as a surprise that the RIAA is appealing this decision, asking an appeals court to overturn the mistrial ruling and let the original ruling stand. While it may not be a surprise that the RIAA would be upset at the ruling, filing an appeal on a mistrial ruling is highly unusual. Normally, appeals are focused on actual rulings, not a decision that a trial was a mistrial. It seems like a long shot that the appeals court would agree to review the mistrial ruling.
It probably shouldn't come as a surprise that the RIAA is appealing this decision, asking an appeals court to overturn the mistrial ruling and let the original ruling stand. While it may not be a surprise that the RIAA would be upset at the ruling, filing an appeal on a mistrial ruling is highly unusual. Normally, appeals are focused on actual rulings, not a decision that a trial was a mistrial. It seems like a long shot that the appeals court would agree to review the mistrial ruling.
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Desperation
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this is not exactly a surprise
Granted it only has a .0000000001% chance of working, but what exactly did it cost to try? This has been a staple of their strategy thus far.
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You don't mean "actual," you mean "final." Normally only "final" orders are appealed. However, rulings that are not final can be appealed through an interlocutory process. Which is admittedly frowned upon.
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Re: Desperation
Personally myself and everyone else in this world are just flat out sick and tired of hearing about how the RIAA/MPAA is making peoples lives a living hell over this crap. People are going to keep pirating music, movies, etc, because of the lack of money that they are making. I know that I am not going to go out and buy a new CD at 12-20$ a pop or 1-3 maybe good songs that I would actually listen to... I just dont have the money for it. Neither does the rest of the country/world.
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Re: Re: Desperation
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Off topic observation/ranting
I can imagine the conversation now: "Yes, Hon, I was blogging with Liquid, Ima Fish, Anonymous Coward, some old guy, and a guy's name I can't quite pronounce about the Jammie Thomas trial." Yeech. I wish I could pull that one out of my ass and have anyone believe me.
As I review this comment, I realize how much of a lucky asshole you are.
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People shouldn't post if they can't write properly.
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Re: Re: Re: Desperation
And yea, I'm being a grammar/spelling nazi to point out "12-20$" should be "$12-20"...
That should really be 12-20 USD. No currency is pronounced before the numeric, and it should be written contrary to how it is spoken. Instead, use the rule that makes sense. Use the ISO standard to display currency.
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RE: Spelling Grammer Nazis
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Re: Off topic observation/ranting
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Not 1 cent!
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Re: RE: Spelling Grammer Nazis
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stupid RIAA
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