[ga] RIAA's Request For Appeal Denied In Thomas Case

["Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>]

All,

  Looks like again ICANN's IPC member, the RIAA looses
yet again and gets the dubious honor of ponying up some
more $$/cash for their errant legal behavior despite their
hopes to avoid same.  Perhaps the RIAA can save some face
if a new trial is granted.  

  BTW, good stuff here Ray!

See:
 http://recordingindustryvspeople.blogspot.com/ NewYorkCountryLawyer
writes "The RIAA's
http://news.slashdot.org/article.pl?sid=08/10/15/2212210&tid=123
request for permission to appeal from the
http://recordingindustryvspeople.blogspot.com/2008_09_01_archive.html#6666659042120040719
decision setting aside its $222,000 jury verdict has been
http://recordingindustryvspeople.blogspot.com/2008_12_01_archive.html#3989025572056945168
denied by District Court Judge Michael J. Davis. In
http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/virgin_thomas_081223DecisionDenyMotInterlocutoryAppeal.pdf
a brief, 6-page decision (PDF) the Judge dismissed the RIAA's arguments
that there is a 'substantial ground for a difference of opinion' on the
question of law presented, whether the Judge had erred in accepting the
RIAA's proposed jury instruction that merely 'making files available'
could
constitute an infringement of the plaintiffs' distribution rights. He
likewise dismissed their argument that granting permission for the
appeal would 'materially advance the ultimate termination of the
litigation,' since (a) depending on the outcome of the trial, plaintiffs 
might not wish to appeal from the judgment, and (b) no matter how the
appeals
court rules on the 'making available' issue, the case will still have to
continue in the lower court, since even if the RIAA wins on the 'making
available' issue, the Court will still have to address the
constitutionality of the large jury verdict, which may result in a new
trial."

Regards,

Spokesman for INEGroup LLA. - (Over 284k members/stakeholders strong!)
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