Firing at the fans that flamed me
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RIAA case loser appeals
THE ONLY person to be successfully sued by the RIAA says that she will appeal the verdict.
Jammie Thomas, from Minnesota, was told to pay the recording industry $222,000 for P2P copyright violations related to sharing songs.
According to News.com, the basis of the appeal was a Judge's ruling that the RIAA did not have to prove that anyone downloaded any of the tracks that Thomas stuck online.
She said if she succeeds this would stop the RIAA dead in its tracks as every suit it has brought has been based on this "making-available theory". The RIAA would have to prove a file was shared.
The jury had decided that Thomas had not downloaded any music. Instead, thanks to the judge's ruling, they decided that she had made the songs " available".
More here. µ
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I know the courts are looking more and more favorably towards the defendants of these suits, but I really wonder if she can successfully appeal. Offering oneself up for prostitution, or attempting to sell illegal goods is usually enough to be found guilty (criminal intent). As for downloaders, requiring proof that any files were downloaded seems very reasonable. If she does win, it will undoubtedly damage the legal campaign, which as it is, is already being toned down.
Her lawyer was a complete tool. The newspaper indicates her lawyer was commenting on how great the Judge was... (The judge that ruled against their case.) Nice... I could have represented myself better then him.
So, if I own a shotgun and pistol store, and I sell a kill pistol to someone legally, and they go and murder someone....Am I liable for "making it available?"
I love America. The only country where no evidence is needed to convict someone of a crime!

The land of the free? Who ever told you that is your enemy!
(Rage Against the Machine)