Big Grats on this Ray! I know you've been preaching this for a long time. Good to see it finally getting some traction with the Courts. Am I also to believe that progress is being made with the improper joinder issue as well?
Absolutely, just today I posted another of many decisions granting severance and dismissal as to all John Does other than Doe 1:
While this is a great ruling, I've noticed a recent pattern: most of the cases where judges have come down hard on copyright trolls do not involve material from major studios. They involve pornography, often gay pornography. There are quite a few of these cases chronicled on TorrentFreak. I wonder to what extent the judges are letting their disgust of the underlying material come through in their rulings. Would they be making the same rulings if these people were accused of downloading mainstream music or films?
Good question. I don't know the answer. It certainly seems that the overt sleeziness of the current crop of plaintiffs -- as opposed to the camouflaged sleeziness of the RIAA plaintiffs -- has alerted the judges to the fact that there's something wrong here.
But wait... is this really fair?
Are you kidding me?
These jerks abuse the legal system to conduct extortion. Several prominent trolls are facing serious jail time for their crimes, which are numerous. And here you are worried that they have to have actual proof before trying to ruin somebodys life?!
Now let's see, do I think it's fair? Hmmmm..........
Uh......., yeah, I do.
Good to see you again, NYCL - it's been a while.
Nice to see you, too, Quasi
Ray, given that they withdrew the case, does that still make this ruling precedent? And on what level of precedent?
It's not binding precedent, but IMHO it represents strong persuasive authority.
That's what people have been saying for over two decades... Glad common sense has won out on this one.
Yup. And yup.
Why do we care that she's of tribal descent? Are we now saying tribal American's are exempt from copyright laws? I flatly refuse to redefine native they way the PC crowd does, if you were born in the US you are native. I happen to be of Cherokee linage as well, but that doesn't matter, I'm native because I was born here.
In this case, I personally believe that she was discriminated against by the jury, because she was a Native American. She was tried many many miles from where she lived and worked, and did not have a jury of her peers.
Was she really convicted of "illegal downloading?"
1. She wasn't "convicted" of anything; this wasn't a criminal case. She was found liable for copyright infringement by making copies through downloading, thus violating the record companies' exclusive reproduction rights.
2. She was also sued for "distributing" and "making available for distributing", but the judge threw out the "making available for distributing" claim, and there was no evidence offered of the "distributing" claim.
So yes, the only thing she was found liable for was downloading.
This case is Capitol vs Thomas, not RIAA vs Thomas. Capitol is a music publisher, and this case was about their works.
1. Capitol is but one of the plaintiffs.
2. The RIAA was in fact running the case, with the aid of the record company plaintiffs.
3. Capitol is a record company, not a music publisher.
4. The case was about the recordings of several different companies.
As the trials of life continue to take their toll, remember that there is always a future in Computer Maintenance. -- National Lampoon, "Deteriorata"