Wednesday, November 28, 2007

Jammie Thomas Files Reply Papers in Further Support of her Motion to Set Aside Verdict

In Capitol v. Thomas, in Minnesota, defendant Jammie Thomas has filed her reply papers in further support of her motion to set aside the verdict and in response to the RIAA's opposition papers.

Reply Memorandum*

* Document published online at Internet Law & Regulation

Commentary & discussion:

p2pnet
Michigan Telecommunications & Technology Law Review -- MTTLR Blog





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2 comments:

Ray Beckerman said...

Sorry, Anonymous KRS, I had to reject your comment for several reasons, but I want you to know that the "making available" argument isn't dead, it's just not appropriate for inclusion in this particular motion. If the motion to set aside the verdict is denied, and an appeal taken, it will no doubt be taken up on appeal.

And yes you are of course correct about the RIAA's misstatements of fact.

Mike said...

Like I'm guessing KRS had seen, there was little mention of the "making available" instruction and it's inherent problemns. I did, however, notice that Mr. Toder took great pains to avoid talking about that particular issue by specifically stating that the instruction regarding "statutory minimums" was correct, but that there are additional factors to consider. He has made a rather compelling argument for setting aside the verdict amount and I am eager to see the court's reply on this one.