tag:blogger.com,1999:blog-15479871.post2392990398744169941..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: In Jammie Thomas case, Judge Davis refuses to consider constitutional issue; 3rd trial to commence Nov 1raybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-15479871.post-63120472037511021032010-10-27T05:03:35.964-04:002010-10-27T05:03:35.964-04:00I wonder how Davis can reconcile his statements of...I wonder how Davis can reconcile his statements of September 24, 2008<br /><br />[quote]"The Court would be remiss if it did not take this opportunity to implore Congress to amend the Copyright Act to address liability and damages in peer to peer network cases.... The defendant is an individual, a consumer. She is not a business. She sought no profit from her acts..... [T]he damages awarded in this case are wholly disproportionate to the damages suffered by Plaintiffs." -Hon. Michael J. Davis, District Judge, Dist. Minnesota, September 24, 2008, Capitol v. Thomas[/quote]<br /><br />and January 22, 2010<br /><br />[quote]"Statutory damages must still bear some relation to actual damages." Hon. Michael J. Davis, Dist. Judge, U.S.District Court, Dist. Minnesota, January 22, 2010, Capitol Records v. Thomas-Rasset[/quote]<br /><br />with his current rulings.<br /><br />Not to denigrate any of our fine judges, but I have to wonder what judges are going for these days.<br /><br />TomasGAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-32055700549493341832010-10-24T14:30:48.889-04:002010-10-24T14:30:48.889-04:00The jury isn't even being instructed that the ...The jury isn't even being instructed that the damages CAN'T be based on mere speculation.... which is ALL they would be based on, for anything but the downloads.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-87530266136801344712010-10-24T14:30:04.091-04:002010-10-24T14:30:04.091-04:001. Innocent infringement defense is not on the tab...1. Innocent infringement defense is not on the table for this trial.<br /><br />2. The minimum statutory damages is $200, not $250, per work.<br /><br />3. The jury doesn't get the issue of constitutionality; that is a judge issue.<br /><br />4. IMHO under the present instructions, Jammie Thomas-Rasset has NO chance at all:<br /><br />-the jury is being told that she did a bad thing<br /><br />-the jury is being told that she violated the RIAA's distribution rights, which is NOT true<br /><br />-the jury is being told that she is a distributor, so that the damage award can take into account her 'distributing'... as opposed to her downloading only<br /><br />-the way the instructions are worded it is implied that the jury is supposed to bring in an award somewhere in between $750 and $150,000... <br /><br />-if you were a juror, and read those instructions and followed them, you'd return an award in the neighborhood of $25,000 to $75,000 per infringed workraybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-10761649917043388002010-10-24T10:45:13.623-04:002010-10-24T10:45:13.623-04:00So, a new trial goes forward on statutory damages....So, a new trial goes forward on <i>statutory</i> damages.<br /><br />But even statutory damages present a <b>range</b> of options to any jury.<br /><br />I'm assuming that plaintiffs will present what they see as strong reason for a high award while defendant will present what they see as strong reason for low or no award.<br /><br />If - and I do mean, IF - my assumption is correct, what are the chances anyone will introduce any evidence supporting the argument that even an award of $250.00 per work (as for innocent infringement) is constitutionally suspect (see <i>Gore</i> and its progeny for why) under <b>these</b> circumstances?<br /><br />-Quiet LurkerAnonymousnoreply@blogger.com