tag:blogger.com,1999:blog-15479871.post3989025572056945168..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: RIAA's motion for interlocutory appeal in Capitol Records v. Thomas deniedraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-15479871.post-33362997023007019392008-12-29T04:06:00.000-05:002008-12-29T04:06:00.000-05:00It's not over. They will introduce motion for int...It's not over. They will introduce motion for interlocutory appeal of decision denying RIAA motion to certification of interlocutory appeal.Not Tellinghttps://www.blogger.com/profile/04790937236221795881noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-44668258209390412552008-12-28T09:19:00.000-05:002008-12-28T09:19:00.000-05:00Ray wrote: [Ed. note. For you non-lawyers out ther...Ray wrote: <I>[Ed. note. For you non-lawyers out there:[...]</I><BR/><BR/>Thanks for that one.<BR/>While it does not make Sony-BMG, EMI, Vivendi Universal and Warner's Lawyers proceedings before your courts more believable("Unbelieveable!")you Editor's notes do still help to put their behaviour in context to understand.Alter_Fritzhttps://www.blogger.com/profile/10861406779872744163noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-31505291657230991772008-12-28T01:34:00.000-05:002008-12-28T01:34:00.000-05:00I think this is very likely going to be the last t...I think this is very likely going to be the last thing we hear about before the RIAA member companies in this case figure out a way to dismiss/get out of this case.<BR/><BR/>First of all, the person whom they went after makes them look very much like the bully that I think that they are.<BR/><BR/>Second, the District Judge has made it clear that they MUST prove the distribution of COPIES or PHONORECORDS by the Defendant in order to prevail in this case. The Judge made it clear in his order that the National Car Rental case is binding on the Court and that the Court and the RIAA have NO wiggle room in regard to that matter. This means the Jury Instructions will clearly reflect National Car Rental, which is very bad for the Plaintiffs.<BR/><BR/>Since they do not possess any evidence that the DEFENDANT distributed COPIES or PHONORECORDS to anyone other than their agent, and whatever limited evidence they do have does not tie the DEFENDANT to such distribution to the exclusion of any other person, including other family members and others, they have a problem.<BR/><BR/>Since the Odds of a Plaintiff win is not good for them this time with the instructions that will be given to the Jury during a second trial, my guess is that they will find some excuse to cut and run.......<BR/><BR/>AlbertAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-17697499672807353932008-12-27T22:31:00.000-05:002008-12-27T22:31:00.000-05:00I agree with you Kevin, that the RIAA will try eve...I agree with you Kevin, that the RIAA will try every underhanded, sneaky tactic that they can.<BR/><BR/>But, I believe that Judge Davis is actually following the letter of the law and he will only allow so many shenanigans from these jerks until he comes down hard on them.<BR/><BR/>I just hope that he has reached the end of his patience with these scum.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-72490016123528288882008-12-27T22:27:00.000-05:002008-12-27T22:27:00.000-05:00So, for the benefit of a dumb engineer who isn't f...So, for the benefit of a dumb engineer who isn't familiar with creative abuses of civil procedure, what's the RIAA's likely next move? A petition for rehearing <I>en banc</I> of the interlocutory appeal? (I assume that the RIAA will continue to use every dilatory tactic available.)Another Kevinhttps://www.blogger.com/profile/04536905148209560945noreply@blogger.com