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
    flesh99, 28 Oct 2008 @ 11:52am

    Agreement in place

    IANAL

    The post is not quite accurate or at the very least misleading. The judge rejected vacating his summary judgment. There is a already a verdict entered. This is not something that is without precedent. It is also grounds for an appeal which TFA says the lawyer is planning. The judge doesn't have to vacate his already entered judgment although it may have been the best course of action for the defendant for him to do so.

    This will play out on appeal. All we have here is one judge not vacating a verdict. It happens all the time. What matters here is not the judge in this case but the appeal. Nothing to even really get up in arms about other than a lazy judge who didn't want to re-try a case he'd already decided on.

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