Nate Anderson via Ars Technica; Play it again: Tenenbaum team tries to toss MediaSentry evidence:
"The year's second major P2P trial kicks off in one month, and Harvard Law professor Charles Nesson wants to mount some of the same attacks that failed in the first case. Nesson argues that all of the RIAA's MediaSentry investigative evidence must be banned from trial, as the company violated wiretap law and private detective licensing law."
http://arstechnica.com/tech-policy/news/2009/06/second-times-the-charm-tenenbaum-team-try-to-toss-mediasentry-evidence.ars
Showing posts with label Kiwi Camara. Show all posts
Showing posts with label Kiwi Camara. Show all posts
Monday, June 29, 2009
Friday, June 19, 2009
Thomas verdict: willful infringement, $1.92 million penalty; Ars Technica, 6/18/09
Nate Anderson via Ars Technica; Thomas verdict: willful infringement, $1.92 million penalty:
"A new lawyer, a new jury, and a new trial were not enough to save Jammie Thomas-Rasset. In a repeat of the verdict from her first federal trial, Thomas-Rasset was found liable for willfully infringing all 24 copyrights controlled by the four major record labels at issue in the case. The jury awarded the labels damages totaling a whopping $1.92 million. As the dollar amount was read in court, Thomas-Rasset gasped and her eyes widened...
[Defense Attorney Kiwi] Camara acknowledged the [record labels] settlement offer and said that his side would certainly investigate it, but he made clear that he intends to file numerous motions if Thomas-Rasset wants to continue the fight. Motions on the constitutionality of such massive damages and other issues can still be filed with the judge, and then there's the entire matter of an appeal.
Thomas-Rasset sounds inclined to fight on. The case was "one for the RIAA, not the end of the war," she said.
As for Camara, he intends to press ahead with his class-action lawsuit against the recording industry, in which he will take up the daunting task of trying to claw back all the money that the recording industry has collected in the course of its legal campaign to date.
A vigorous defense from Kiwi Camara and Joe Sibley was not enough to sway the jury, which had only to find that a preponderance of the evidence pointed to Thomas-Rasset. The evidence clearly pointed to her machine, even correctly identifying the MAC address of both her cable modem and her computer's Ethernet port. When combined with the facts about her hard drive replacement (and her failure to disclose those facts to the investigators), her "tereastarr" username, and the new theories that she offered yesterday for the first time in more than three years, jurors clearly remained unconvinced by her protestations of innocence.
Camara suspects that the jury thought Thomas-Rasset was a liar and were "angry about it," thus leading to the $80,000 per-song damages.
The case is a reminder that in civil trials, simply raising some doubt about liability is not enough; lawyers need to raise lots of doubt to win the case, and Camara and Sibley were unable to do so here.
The jury found Thomas-Rasset's conduct to be willful, which means that statutory damages under the Copyright Act can range from $750 per infringement up to $150,000. In his closing statement, defense lawyer Joe Sibley made clear that even the minimum award would run $18,000 (24 songs x $750 = $18,000), an amount that he said was unfair and crippling to Thomas-Rasset. The jury decided that the per-song penalty would be $80,000, for a total damage award of $1.92 million, over $1.7 million more than the award in her first trial."
http://arstechnica.com/tech-policy/news/2009/06/jammie-thomas-retrial-verdict.ars
"A new lawyer, a new jury, and a new trial were not enough to save Jammie Thomas-Rasset. In a repeat of the verdict from her first federal trial, Thomas-Rasset was found liable for willfully infringing all 24 copyrights controlled by the four major record labels at issue in the case. The jury awarded the labels damages totaling a whopping $1.92 million. As the dollar amount was read in court, Thomas-Rasset gasped and her eyes widened...
[Defense Attorney Kiwi] Camara acknowledged the [record labels] settlement offer and said that his side would certainly investigate it, but he made clear that he intends to file numerous motions if Thomas-Rasset wants to continue the fight. Motions on the constitutionality of such massive damages and other issues can still be filed with the judge, and then there's the entire matter of an appeal.
Thomas-Rasset sounds inclined to fight on. The case was "one for the RIAA, not the end of the war," she said.
As for Camara, he intends to press ahead with his class-action lawsuit against the recording industry, in which he will take up the daunting task of trying to claw back all the money that the recording industry has collected in the course of its legal campaign to date.
A vigorous defense from Kiwi Camara and Joe Sibley was not enough to sway the jury, which had only to find that a preponderance of the evidence pointed to Thomas-Rasset. The evidence clearly pointed to her machine, even correctly identifying the MAC address of both her cable modem and her computer's Ethernet port. When combined with the facts about her hard drive replacement (and her failure to disclose those facts to the investigators), her "tereastarr" username, and the new theories that she offered yesterday for the first time in more than three years, jurors clearly remained unconvinced by her protestations of innocence.
Camara suspects that the jury thought Thomas-Rasset was a liar and were "angry about it," thus leading to the $80,000 per-song damages.
The case is a reminder that in civil trials, simply raising some doubt about liability is not enough; lawyers need to raise lots of doubt to win the case, and Camara and Sibley were unable to do so here.
The jury found Thomas-Rasset's conduct to be willful, which means that statutory damages under the Copyright Act can range from $750 per infringement up to $150,000. In his closing statement, defense lawyer Joe Sibley made clear that even the minimum award would run $18,000 (24 songs x $750 = $18,000), an amount that he said was unfair and crippling to Thomas-Rasset. The jury decided that the per-song penalty would be $80,000, for a total damage award of $1.92 million, over $1.7 million more than the award in her first trial."
http://arstechnica.com/tech-policy/news/2009/06/jammie-thomas-retrial-verdict.ars
Monday, June 15, 2009
Thomas retrial begins Monday: what to expect; Ars Technica, 6/14/09
Nate Anderson via Ars Technica; Thomas retrial begins Monday: what to expect:
Monday morning, the federal file-sharing trial of Jammie Thomas-Rasset begins, and Ars will be there with gavel-to-gavel coverage. Here's what you need to know to keep up:
"Last time around, the case took three days to hear; this time, the lawyers estimate that it will take five. If the retrial is anything like the first go-round, we should get a verdict quickly, though whether a jury will award the RIAA nearly $10,000 in damages per song again remains to be seen.
Whatever the verdict, [defense attorney Kiwi] Camara has already announced his intent to take on the recording industry's entire legal campaign. Along with Harvard Law professor Charles Nesson, Camara tells Ars that he plans to file a class-action lawsuit against the recording industry later this summer."
http://arstechnica.com/tech-policy/news/2009/06/thomas-retrial-begins-monday-what-to-expect.ars
Monday morning, the federal file-sharing trial of Jammie Thomas-Rasset begins, and Ars will be there with gavel-to-gavel coverage. Here's what you need to know to keep up:
"Last time around, the case took three days to hear; this time, the lawyers estimate that it will take five. If the retrial is anything like the first go-round, we should get a verdict quickly, though whether a jury will award the RIAA nearly $10,000 in damages per song again remains to be seen.
Whatever the verdict, [defense attorney Kiwi] Camara has already announced his intent to take on the recording industry's entire legal campaign. Along with Harvard Law professor Charles Nesson, Camara tells Ars that he plans to file a class-action lawsuit against the recording industry later this summer."
http://arstechnica.com/tech-policy/news/2009/06/thomas-retrial-begins-monday-what-to-expect.ars
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