backtop


Print 44 comment(s) - last by bplewis24.. on Oct 9 at 3:26 PM


Jammie Thomas stands accused of sharing 1,705 songs in April 2005.  (Source: NewsMax.com)
Deemed to have nothing to say of relevance, Cary Sherman will have to wait for another day in court for a soap box

Judge Michael J. Davis barred Recording Industry Association of America President Cary Sherman from testifying in Capitol Records v. Jammie Thomas, the first RIAA lawsuit to go to jury trial. With Sherman struck from the witness list, testimony wrapped up Wednesday and a decision is expected today.
 
“I don’t want to turn this case into a soap box for the recording industry,” said Thomas’ counsel Brian Toder. RIAA lawyers argued that Sherman could provide valuable testimony to the jury over the case’s significance and the harm the RIAA has suffered due to piracy.
 
Even after Judge Davis rendered his motion to bar Sherman’s testimony, RIAA counsel Richard Gabriel continued to press on. Emphasizing the importance of Sherman’s testimony, Gabriel argued that Sherman is needed to help the jury see the “massive problem of file sharing,” and that the RIAA is not out to make money but “to prove a point.”
 
Judge Davis remained stalwart, refusing to reconsider.
 
Capitol Records v. Jammie Thomas is significant because it is the first case among the RIAA’s litany of more than 18,000 lawsuits to make it to jury trial. With most of the suits, the RIAA tends to push for a settlement to avoid costly litigation; defendants, facing overwhelming legal fees and the costs of going to court, usually settle for amounts that range from around $3,000 to $11,000.
 
Previous testimony in Capitol Records v. Jammie Thomas included witnesses from Sony BMG, Warner Bros., and EMI Records of North America. In one such testimony, Sony BMG’s head of litigation Jennifer Pariser equated Fair Use to stealing when she testified that if “an individual makes a copy of a song for himself, I suppose we can say he stole a song,” adding that making “a copy” is just “a nice way saying ‘steals just one copy.’”



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

RE: Kind of laughed at this
By 16nm on 10/4/2007 4:52:57 PM , Rating: 2
quote:
and that the RIAA is not out to make money but “to prove a point.”


The RIAA are not out to make money?! So they'll be happy if the jury fails to award them a single penny? I'm lost. What is the point to all of this again? I love these RIAA suits for their humor.


"I'd be pissed too, but you didn't have to go all Minority Report on his ass!" -- Jon Stewart on police raiding Gizmodo editor Jason Chen's home

Related Articles
The RIAA v. The People: Four Years Later
August 30, 2007, 3:37 PM













botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki