Jammie Thomas Refuses To Settle: This Is Probably A Bad Idea
from the she's-likely-to-lose dept
Despite the judge in her case pushing hard for the RIAA and Jammie Thomas to come to some sort of settlement in their rather infamous lawsuit, it appears the sides have not come to any settlement, and a new trial will be heard. The case, famously, was the first in which the RIAA actually won, only to have that ruling quickly thrown out after the judge realized he made a "material misstatement of the law" to the jury in suggesting that merely "making files available" should count as copyright infringement (a point of disagreement in different courts right now). There were some other questions concerning certain "misstatements" by execs from the record labels, which could have misled the jury.While it's good that the judge reconsidered based on the misstatement over "making available," this seems like a case where Thomas probably should have settled. It certainly appears that there is plenty of other evidence that she was, in fact, breaking copyright law. While I think the law is bad and the fines are ridiculous, her chances of winning in court remain slim. Handing the RIAA a case where it has so much evidence on its side doesn't help matters. It's likely that it will win again and will once again use the ruling to tout its ability to win in court. Perhaps the only redeeming factor of such an eventual court ruling is calling additional attention to the ridiculous damages that would be awarded.
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Filed Under: file sharing, jammie thomas, settlement
Companies: riaa
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I think mike is wrong on this one
http://twit.tv/twil23
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Or are they going after her for the music she downloaded from Kazaa? That'd be interesting as the vast majority of people erroneously think that merely downing is not infringement.
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I do not think that is the case sure some people think that, but the majority of people think that it is okay to download and not upload because all cases (that I have heard about) brought forward have been for sharing files, so they will not get caught.
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sorry mike, no.
If every riaa case was a settlement we'd have a serious gross injustice, and I tihnk you can remember how that worked out last time.
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Don't...
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Even if She looses
But hell she may win.
This would be one case where Jury Nullification would send a clear message to the RIAA.
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Re: Even if She looses
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Aye, me mateys!!!
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RICO the RIAA
BUY indie and maybe the music acts will get a clue that getting a record deal is no deal anymore. You've seen the pablum they try to sell us.
Beyonce pumping us up to an upgrade. The bitches are whores and the rappers are pimps. They sell their bodies for money. Just because we don't touch them. We still have to pay for them.
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Re: RICO the RIAA
I have to say, I think the exact same thing whenever I see that damn commercial. In fact, I wish I could follow her around with a recording of that commercial and then play it everytime she talks about being an "artist" in some interview or whatever.
There would be Tgeigs in the background with a video player, TV, and a stand, just like we all saw back in high school, playing that section of the commercial where it's a close up of an "upgrade" necklace in her whorish mouth, on loop, over and over and over again.
Yeah, you're an artist. Just like Anna Nicole Smith.
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Re: RICO the RIAA
Yes! Think of it this way: if Timberlake can put together a song and music video for Saturday Night Live within a week, it should really put it into perspective how easy this stuff is with the right tools.
It's had over 900k views in 4 days. It's hilarious, but beneath the surface, I think he's parodying the industry.
(It's called "Mother Lover", warning: NSFW)
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Re: RICO the RIAA
You're missing the obvious/hilarious.
Their lyrics are almost always about breaking the law in some fashion, and they cry because their copyrights are being infringed upon?
Glorify murder, theft (the real kind), drugs, etc, but cry like a baby when their song is shared?
Please.
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here's a bad example...
if jammie says, "here's some songs you get illegally, for free," isn't that a crime, whether anyone downloads them or not?
i'm just saying, is all.
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Re: here's a bad example...
You may be trying to say something about morality, and how if it's wrong it's always wrong, but that opens up a whole different can of worms. (Like, why are drugs illegal? Who decides what's right and what's wrong? Is there any real MORAL backing to copyright?)
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Re: here's a bad example...
Music is legal.
Drugs are a finite resource.
Digital Music is an infinite resource.
Selling illegal drugs is a felony.
Offering copyrighted songs without license is merely "actionable via lawsuit".
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Re: here's a bad example...
...after the judge realized he made a "material misstatement of the law" to the jury in suggesting that merely "making files available" should count as copyright infringement (a point of disagreement in different courts right now)...
Seems to me like you don't bother to read, or if you do, don't comprehend and just make trollish comments.
i'm just saying, is all.
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Re: here's a bad example...
I am a computer programmer. I am use to be a consultant. I knwo of three Fortune 100 companies that run software I created, You know what, I got paid, but once. I do nto get residuals. I have to work to earn my money. I do that by creating new products. Let them do the same. We need to go to 15 years ONLY for copyright. Then we will have a rich world of content in the public domain. people will still make their money, and it will force companies and creative "type" to come up with fresh content.
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Strange headline
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Re: Strange headline
Settlement talks unsuccessful in Capitol Records v. Thomas; trial scheduled for June 15th
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Re: Strange headline
Because Thomas came out and said that she would not settle. Thus I think it's fair to suggest that she was the sticking point.
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