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.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    identicon
    Eeqmcsq, Oct 16th, 2008 @ 3:38am

    Desperation

    They're desperate in wanting to keep their only trial victory so they can continue to use it to beat people over the head with.

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    some old guy, Oct 16th, 2008 @ 4:19am

    this is not exactly a surprise

    Considering the RIAA has filed every other piece of paper that a good lawyer would file, I see no reason to be surprised by the fact that they filed this piece of paper.

    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.

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    Ima Fish, Oct 16th, 2008 @ 4:32am

    "Normally, appeals are focused on actual rulings, not a decision that a trial was a mistrial."

    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.

     

    reply to this | link to this | view in thread ]

  4.  
    identicon
    Liquid, Oct 16th, 2008 @ 4:32am

    Re: Desperation

    Thats what the people that hire these lawyers want. They want to keep harping on you, and ware you out so that you would just go "FINE I GIVE UP TAKE MY MONEY". Even though they know their corporate buisness modles dont work anymore. You would also think afte the other day when Bush signed that IP bill the RIAA/MPAA was breaking out the shampagin, because they would actually be able to start winning trials...

    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.

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    Greg, Oct 16th, 2008 @ 5:09am

    Re: Re: Desperation

    Agreed, but I can't take the misspellings. "ware you out" is "wear you out," "modles" is "models," "shampagin" (!) is "champagne." And yea, I'm being a grammar/spelling nazi to point out "12-20$" should be "$12-20" and "or 1-3" most likely should be "for 1-3."

     

    reply to this | link to this | view in thread ]

  6.  
    identicon
    Anonymous Coward, Oct 16th, 2008 @ 5:13am

    Off topic observation/ranting

    Mike, doesn't your wife say "i-object!" when your posting blog reports at 3:02 am? I just worry some day us "anonymous cowards" are going to get stuck with having to bail you out.

    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.

     

    reply to this | link to this | view in thread ]

  7.  
    identicon
    Dave, Oct 16th, 2008 @ 5:16am

    @Greg: I agree. It's really quite offensive to read illiterate posts like this.

    People shouldn't post if they can't write properly.

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    some old guy, Oct 16th, 2008 @ 5:40am

    Re: Re: Re: Desperation

    I Object!

    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.

     

    reply to this | link to this | view in thread ]

  9.  
    identicon
    Anonymous Coward, Oct 16th, 2008 @ 5:44am

    RE: Spelling Grammer Nazis

    It is the internet. Now boobs or GTFO!

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    Daniel, Oct 16th, 2008 @ 5:47am

    Greg, you realise every forum/message board post correcting a spelling mistake is required by unspoken internet law to have at least one typo in it.

     

    reply to this | link to this | view in thread ]

  11.  
    identicon
    Eeqmcsq, Oct 16th, 2008 @ 5:54am

    Re: Off topic observation/ranting

    I would assume Mike has an automated or timed feature that posts his blogs at certain times.

     

    reply to this | link to this | view in thread ]

  12.  
    identicon
    Anonymous Coward, Oct 16th, 2008 @ 8:48am

    fawk de RIAA! And all yu spellng NAZIs!

    Not 1 cent!

     

    reply to this | link to this | view in thread ]

  13.  
    identicon
    Liquid, Oct 16th, 2008 @ 9:21am

    Re: RE: Spelling Grammer Nazis

    LOL it's not like I am getting graded on this... It's just a matter of them feeling inteligent as well as important to correct others online.

     

    reply to this | link to this | view in thread ]

  14.  
    identicon
    Jimbo, Oct 16th, 2008 @ 9:24am

    stupid RIAA

    I haven't bought anything new from a major label in a long time. Indie labels FTW!

     

    reply to this | link to this | view in thread ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Save me a cookie
  • Note: A CRLF will be replaced by a break tag (<br>), all other allowable HTML will remain intact
  • Allowed HTML Tags: <b> <i> <a> <em> <br> <strong> <blockquote> <hr> <tt>
Follow Techdirt
A word from our sponsors...
Essential Reading
Techdirt Reading List
Techdirt Insider Chat
A word from our sponsors...
Recent Stories
A word from our sponsors...

Close

Email This