zatoicchi
15.07.08, 04:09
The final briefs in the Jammie Thomas file-swapping case are in, and neither Thomas nor the RIAA are conceding an inch of ground. Both sides parse the requisite legal cases with a concern for text and context that would make a biblical scholar weep with joy, and both claim that the "great weight of authority" rests squarely on their own side of the scale. And that's before the gloves come off.
In a legal case that has already had its share of thongs, we've at long last come to the end of the briefs as well. After Thomas was found liable last year for more than $200,000 in statutory damages, she sought a new trial based on a jury instruction no. 15 and the issue of whether making a song "available" over a P2P network was a "distribution" that would violate copyright. The judge in the case said that it would, but has since reconsidered his position, and is considering Thomas' request for a new trial.
Final RIAA/Jammie Thomas briefs in; new trial decision looms (http://arstechnica.com/news.ars/post/20080714-final-riaajammie-thomas-briefs-in-new-trial-decision-looms.html)
In a legal case that has already had its share of thongs, we've at long last come to the end of the briefs as well. After Thomas was found liable last year for more than $200,000 in statutory damages, she sought a new trial based on a jury instruction no. 15 and the issue of whether making a song "available" over a P2P network was a "distribution" that would violate copyright. The judge in the case said that it would, but has since reconsidered his position, and is considering Thomas' request for a new trial.
Final RIAA/Jammie Thomas briefs in; new trial decision looms (http://arstechnica.com/news.ars/post/20080714-final-riaajammie-thomas-briefs-in-new-trial-decision-looms.html)