Judge Reject's Woman's Request For A Jury Trial; Orders Her To Pay RIAA

from the vexatious-indeed dept

Ignoring numerous other court rulings concerning whether or not "making available" is copyright infringement, a judge has rejected a woman's request for a jury trial in her file sharing lawsuit, and ordered her to pay the $7,400 fine already set. This was the case we had just discussed last week, where the woman claimed that the RIAA only had evidence that she had shared six songs, even though she admitted to making 37 songs available. There was already an agreement in place that the fine would be $200/song, so the real question was whether it should be $7,400 or $1,200. The woman argued that, in light of the Jammie Thomas mistrial and other rulings, the RIAA needed to show actual infringement, rather than just that the files were made available. Unfortunately, this judge rejected that argument and ordered her to pay the full $7,400.

Filed Under: making available, riaa, whitney harper
Companies: riaa


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  1. identicon
    The **AA Machine, 27 Oct 2008 @ 8:08pm

    This group is so %^#*! greedy they will sue anybody for any reason, with little to no evidence and get away with it. They are trying to "protect" an old outdated business model. They're just throwing their money around just to sue there customers and make more money, although in this case they got 7,400$ they must have paid more then that in lawyers fees. If these cases would stop making the "press/tv" and stop getting free advertising that "we'll sue you, its stealing" it might slow the machine down a bit.
    This whole **aa sucks, they're still filthy rich, but they may have to settle for a high end BMW then a Bentley, might not be so bad if some of these settlements actually went to artists.

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