Comments on: First P2P Conviction Likely to be Declared a Mistrial

By: bnm01

bnm01 — Wed, 31 Dec 1969 16:00:00 +0000

This is great news!
“You can’t infringe your own copyright”
-great quote

By: StormNinja

StormNinja — Wed, 31 Dec 1969 16:00:00 +0000

How could the riaa make this judge believe anything? I thought the entire reason laywers were elevated to judge status was based on their ability to correctly interpret the law and if that is the case this man should have enough sense detect something wass amiss in the first place. I am not Monday Morning ‘quarter backing or making my comment based on 20/20 hindsight. It has always been my position that the judge Jammie Thomas’ case was a idiot.

It is great news that you can’t infringe your own copyright but that still doesn’t let that blockhead judge off the hook for his inability to interpret law for himself then blaming others for his own stupidty. Still I have to give him credit for reviewing the manner and hopefully declaring the mistrial.

By: Gamer8585

Gamer8585 — Wed, 31 Dec 1969 16:00:00 +0000

“Furthermore the only evidence of illegal distribution that the RIAA had was obtained by investigators who explicitly had its permission to download copyrighted material from Thomas’s computer for the purpose of their investigation. This means that any copyrighted material they obtained was authorized distribution. Authorized conduct cannot be unauthorized conduct and since the only evidence of actual distribution was authorized there could be no infringement.

“You can’t infringe your own copyright” said Thomas’s attorney Brian Toder.”

I laughed so hard I almost shit myself. If this is held up (and with the air tight logic how could it not be?) then the entirety of the entertainment industries lawsuits will be a waste of money at best and legally frivolous (and thus opening them to counter-suit) at worst.

And like the article says Congress is never going to pass a statute that requires no burden of proof. There would be so many powerful interest groups and individual voters screaming at them that it would never get any father then committee (I highly doubt any legislator would even introduce such a bill). Even IF it passes it would be such a violation of the due process claws of the 5th and 14th Amendment to the US Constitution that the courts would throw the law out on the first legal challenge.

The industry is just going to have to change its business model.

By: soulxtc

soulxtc — Wed, 31 Dec 1969 16:00:00 +0000

@Gamer

Exactly……”In any case Toder has told Judge Davis that if he didn’t declare a mistrial than he would be inventing a “new right of recovery” for possible crimes and not actual ones.”

By: rhondohslade

rhondohslade — Wed, 31 Dec 1969 16:00:00 +0000

That the “Judge cites the fact that the RIAA wrongly made him believe…” ANYTHING is ludicrous! Thinking the legal counsel for one of the parties involved is going to present a fair and complete representation of ALL the facts pertinent to a case is preposterous. It’s like the judge believing a used-car salesperson to be completely fair honest and aboveboard. It just isn’t going to happen! Of course said counsel is going to skew things to make his “injured party” appear in the best light. How can a judge be THAT naive?

It is a good thing thing that he has called for probable mistrial; but that doesn’t go far enough. Mistrial MUST be declared and he must recuse himself from the case. He is also open to malfeasance for sheer incompetance. If a judge is ruling on a case said judge is NEEDS to be at least as knowledgeable in the subject matter before him/her as the atturkeys arguing the case! If he isn’t then he is nothing miore than a buffoon in a black robe wasting OUR time and tax dollars while he diddles himself behind the banc listening to testimony he doesn’t comprehend.

By: Mord_Sith

Mord_Sith — Wed, 31 Dec 1969 16:00:00 +0000

Stupid or bribed my vote is on bribed…