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[ga] More Law Profs File Friend-of-Court Brief Against RIAA
- To: Ga <ga@xxxxxxxxxxxxxx>
- Subject: [ga] More Law Profs File Friend-of-Court Brief Against RIAA
- From: "Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>
- Date: Fri, 20 Jun 2008 23:56:03 -0700
All,
Well, well, well, seems that the RIAA has gained some more
law professors scorn. Tisk, tisk!
So when is the IPC and ICANN going to revoke the membership
of the RIAA and MPAA for their abusive tactics?
http://beckermanlegal.com/ NewYorkCountryLawyer writes "A group
of 10 copyright law professors has
http://blog.wired.com/27bstroke6/2008/06/professors-sidi.html
filed an amicus curiae ('friend of the court') brief on the side of the
defendant in
http://recordingindustryvspeople.blogspot.com/2007/01/index-of-litigation-documents.html#Virgin_v_Thomas
Capitol v. Thomas, agreeing with
http://news.slashdot.org/article.pl?sid=08/05/15/1742257&tid=123
the judge's recent decision that the $222,000 verdict won by the RIAA
appears to be
tainted by a 'manifest error of law.' The clear and well-written
http://blog.wired.com/27bstroke6/files/professorsthomas.pdf 14-page
brief (PDF) argues that the 'making available' jury instruction, which
the
RIAA had requested and the judge ultimately accepted, was in fact a
'manifest error of law,' making the point, among others, that an
interpretation of a statute should begin with the words of the statute.
My only criticism of the brief is that it overstates the authorities
relied
on by the RIAA, citing cases which never decided the 'making available'
issue as cases which had decided it in the RIAA's favor." As it turns
out, the MPAA, close ally to the RIAA, has come forth with a more
controversial view. They suggest that
http://blog.wired.com/27bstroke6/2008/06/mpaa-says-no-pr.html
proof of actual distribution shouldn't be required. From
http://blog.wired.com/27bstroke6/files/mpaathomas_brief.pdf
their brief (PDF): "Mandating that proof could thus have the pernicious
effect of depriving copyright owners of a practical remedy against
massive copyright infringement in many instances."
Regards,
Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
Abraham Lincoln
"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt
"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
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