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:
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: The point of all this...
By NT78stonewobble on 10/5/2007 1:32:48 AM , Rating: 2
Ah but to actually steal something you would have to take something from the owner of said item.

You can't really say that the act of copying is stealing since nothing is missing.

Additionally the argument I personally have in favor of any music sharing is that people most often wouldn't have gotten the cd even if they couldn't download that song or 2 they liked of it.

But I do agree that people should pay for the music/movies/software they like and would like to own.

Which is why I still buy cd's and dvd's and actually have a quite large collection.

Personally I don't mind people sharing before eventually buying or not buying but do mind people owning 10.000 songs and 400 movies and not having bought a single one ever...

RE: The point of all this...
By Christopher1 on 10/5/2007 12:11:49 PM , Rating: 2
Personally, I would buy DVD's and CD's.... If they allowed me to download an ISO and burn the thing, even using a proprietary burning software, in my home!

I do NOT want to have to go out to a store and waste gasoline when I can just download the things that I want online with no problems (as long as they aren't full of DRM).

"Spreading the rumors, it's very easy because the people who write about Apple want that story, and you can claim its credible because you spoke to someone at Apple." -- Investment guru Jim Cramer
Related Articles
The RIAA v. The People: Four Years Later
August 30, 2007, 3:37 PM

Copyright 2016 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki