Submission + - Wired: RIAA's 'misspeaking' affected verdict
NewYorkCountryLawyer writes: David Kravetz of Wired.com, who covered the Capitol v. Thomas trial gavel-to-gavel and in person, writes that the RIAA's recent statement — that SONY BMG's top litigation lawyer "misspoke" during the trial when she said that making a copy from one's own cd is "stealing" — may have caused a major "miscarriage of justice". Wired points out that later on in the trial, during the RIAA's examination of Ms. Thomas, "On the hard drive she [turned] over were thousands of songs Thomas said she ripped from her CDs. The RIAA's Gabriel suggested to jurors that copying one's purchased music was a violation of the Copyright Act. Gabriel, for example, asked Thomas whether she had ever burned CDs, either for herself, or to give away to friends. "Did you get permission from the copyright owners to do that?" Gabriel asked.
"No," Thomas responded."
Gabriel, the RIAA's lead attorney, apparently misspoke too — prejudicing jurors along the way.