RIAA Trying To Avoid a Jury Trial 183
Joe Elliot writes "Faced with a jury trial set to begin on October 1, the RIAA has filed a motion for summary adjudication of specific facts: that the RIAA owns the copyrights to the songs in a file-sharing case; that the registration is proper; and that the defendant wasn't authorized to copy or distribute the recordings. If the judge rules in their favor, Ars notes that it may turn into a Novell v SCO situation where the only thing left to be decided are the damages. There are some significant problems with the copyright registrations — they don't match up. 'Thomas argues that since she lacks the financial means to conduct a thorough examination of the ownership history (e.g., track the ownership of "Hysteria" from Mercury to UMG) for the songs she is accused of infringing the copyright to, her only opportunity to determine their true ownership is either via discovery or cross-examination at trial.' Ars also notes that the RIAA's biggest fear is of losing a case. 'A loss at trial would be catastrophic for the RIAA. It would give other defense attorneys a winning template while exposing the weaknesses of the RIAA's arguments. It would also prove costly from a financial standpoint, as the RIAA would have to foot the legal expenses for both itself and the defendant. Most of all, it would set an unwelcomed precedent: over 20,000 lawsuits filed and the RIAA loses the first one to go to a jury.'"
Re:Good story (Score:5, Funny)
Hmm, destruction of your whole business model, financially costly? Really?
Just for the record, I am too... (Score:5, Funny)
Jury trials are both good and bad (Score:3, Funny)
Jury trials are good if RIAA is subject to them
Jury trials are bad if IBM is subject to them
Hence it is proven that jury trials are both good and bad.
Re:Good story (Score:5, Funny)
Judge: Now we will hear comments from the jurors..
Juror #7: (jumps to feet) FIRST POST!!!!
Juror #2: Powned!
Juror #5: Common guys, -1, off topic.
Juror #12: In Soviet Russia, first post owns you!
Juror #2 snickers
Some interesting side notes... (Score:3, Funny)
Also... A handful of defendants have managed to be exonerated, most notably Debbie Foster, Patricia Santangelo, and Tanya Andersen--who is now suing the RIAA for malicious prosecution. Why are all the women getting off? If Jammie Thomas wins, there's another one! I am pretty sure men are being discriminated against...or are only women actually fighting the RIAA?
Re:Just for the record, I am too... (Score:3, Funny)
Its a "You did $500 in unfair and illegal damages to us, an association of mega-corporations (and that's a high estimate). So we're going after you for $75,000 in unfair but legal damages to you, and that's not counting the stress, lost time at work, and other intangibles."
Re:Good story (Score:4, Funny)
So pointing it out is redundant....
(and yes this is probably a troll, or flamebait. Possible Funny)