tag:blogger.com,1999:blog-15479871.post9030971817540414455..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: Argument Over "Making Available" in Virgin v. Thomasraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-15479871.post-47691201680600675332007-10-04T10:15:00.000-04:002007-10-04T10:15:00.000-04:00Igor raises a good point. But our view of the tes...Igor raises a good point. But our view of the testimony is heavily filtered, and even given what I've read, it seems that a judge could conclude that expert witness Jacosben's testimony might be enough to allow a jury to find that "downloading" had occurred. Nonetheless, if I were defense counsel I'd probably be moving for a summary dismissal as well. <BR/><BR/>Even so, the judge knows it's almost certain this will be appealed if he dismisses the case outright. If he thinks the evidence is particularly weak, he might punt to the jury since their factual findings are less likely to be disturbed on appeal than a summary dismissal. If the judge thinks the evidence can't support a verdict, he can always enter a judgment in favor of defendant anyway, but avoid the need for a retrial if reversed on appeal.MikeWashttps://www.blogger.com/profile/16388310660457993376noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-35303939445425010352007-10-04T00:08:00.000-04:002007-10-04T00:08:00.000-04:00Ray,But if making available is off the table and n...Ray,<BR/><BR/>But if making available is off the table and not a single witness testified that there was any downloading or uploading (as far as I can tell from the reports) only sharing (making available) from what i can tell ripped content from her CDs...which means it shouldn't even go to the jury and summarily dismissed maybe? <BR/><BR/>IgorIgorhttps://www.blogger.com/profile/09007978718967707816noreply@blogger.com