Showing posts with label making available theory. Show all posts
Showing posts with label making available theory. Show all posts

Tuesday, December 30, 2008

RIAA appeal in Jammie Thomas case refused, Ars Technica, 12/29/08

Via Ars Technica: RIAA appeal in Jammie Thomas case refused:

"Saying that the Eighth Circuit Court of Appeals was quite clear on the matter, [federal judge Michael] Davis refused to allow the appeal in a December 23rd order. "While Plaintiffs can point to a number of courts from other jurisdictions that have disagreed with this Court's conclusion," he wrote, "the Eighth Circuit Court of Appeals has explicitly held that actual distribution is required."

With the "interlocutory" appeal denied, the RIAA will have to wait until a final judgment has been issued before filing an appeal. That means a complete retrial first; given the RIAA's new moves toward "graduated response" deals with ISPs and the cessation of its widespread legal campaign, it's not clear that the industry will be willing to gear up for yet another high-profile trial against Thomas."

http://arstechnica.com/news.ars/post/20081229-riaa-appeal-in-jammie-thomas-case-refused.html

Sunday, October 19, 2008

RIAA Decries Texas Woman as 'Vexatious' for Demanding File Sharing Trial - Wired.com, 10/17/08

RIAA Decries Texas Woman as 'Vexatious' for Demanding File Sharing Trial:

"The RIAA has agreed to accept $200 per track instead of the usual base of $750 under the Copyright Act because the woman is claiming an innocent infringement defense. The Copyright Act, which carries penalties of up to $150,000 per track, allows penalties as low as $200 for innocent infringement defenses — in this case a teenager claiming she was clueless about what she was doing."
http://blog.wired.com/27bstroke6/2008/10/riaa-decries-te.html

Thursday, September 25, 2008

$222,000 Copyright Infringement Damage Award for RIAA Against Jammie Thomas Overturned - ars technica, 9/24/08

Thomas verdict overturned, making available theory rejected:
"A federal judge has overturned the $222,000 copyright infringement verdict against Jammie Thomas, striking a huge blow to the RIAA's pet legal theory that making a file available over a P2P network is copyright infringement. He also calls on Congress to fix the Copyright Act so that the RIAA can't get six-figure judgments for P2P use."
http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html