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

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