Monday, October 15, 2007

RIAA Cites Capitol v. Thomas Jury Instruction as Legal Authority to Judge Karas in Elektra v. Barker

The RIAA has written a letter to the judge in Elektra v. Barker, citing the jury instruction in Capitol v. Thomas as authority that merely "making available", without proof of any of the elements mentioned in 17 USC 106(3), is a copyright infringment.

October 15, 2007, Letter of Richard L. Gabriel to Hon. Kenneth M. Karas (Citing Jury Instruction)*
October 15, 2007, Letter of Ray Beckerman to Hon. Kenneth M. Karas (Re RIAAs's Citation to Jury Instruction)*

* Document published online at Internet Law & Regulation

Keywords: digital copyright online law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs





6 comments:

Matthew said...

Nice response, Ray.

Barry said...

I believe this is what's referred to as "pulling oneself up by one's own bootstraps". Of course, at some point in the future, a better term might be "hoist on one's own petard".

jaded said...

Don't understand why they're only appealing the judgement and not the verdict itself vis-a-vis the presumptuous 'making available' instruction. Understand that it doesn't necessarily establish precedence, but the #*AA will milk it for all it's worth if not challenged. What standing does such an instruction actually provide for future cases?

Ray Beckerman said...

jaded...

1. this isn't the appeal, it's a motion to set aside the verdict... did you see me use the word "appeal"? an appeal is to a higher court... this is a motion directed to the judge who tried the case.

2. you put your comment under the wrong post

Russell said...

Isn't this kinda circular, wasn't Elektra v. Barker used to support the jury instructions in Capitol v. Thomas?

Ray Beckerman said...

No, Elektra v. Barker hasn't been decided.