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.
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Filed Under: copyright, jammie thomas, making available, mistrial, trial
Companies: riaa


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  1. identicon
    Ima Fish, 16 Oct 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.

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