[A2k] Re: In Round 2, Jammie Thomas Jury Awards RIAA $1,920,000

Mon Jun 22 09:58:24 2009

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[ Picked text/plain from multipart/alternative ]

Jeff,
=C2=A0
I think this speaks volumes about the IP bar in general.=C2=A0 It is a very=
 sad and depressing fact that licensure and club/bar memberships block defe=
nse and representation of the commoner. If you are (un)fortunate enough to =
take a CEB course in intellectual property you would find the lessons are a=
ll about protecting the "rights" -- read that money interests of the holder=
s.=C2=A0 These are the courses required to maintain your priviledges as a "=
licensed practicing attorney".=C2=A0 We can all just imagine what it takes =
to go up against such an entrenched network.=C2=A0 Disbarment is just inche=
s away, if in fact the attys zealously represent to accused, in opposition =
to such machinery.
=C2=A0
The last CEB class I took was on ethics -- I walked out -- it was all about=
 how a corporate lawyer could avoid disclosure requirements in litigation b=
y intentionally not learning what his client was doing, then just let the c=
lient lie.=C2=A0 And the "judge" is a member of the same bar!!
=C2=A0
Hence the truth of the saying: "a licensed lawyer is not one"

--- On Fri, 6/19/09, Jeffrey A. Williams <jwkckid1@ix.netcom.com> wrote:

From: Jeffrey A. Williams <jwkckid1@ix.netcom.com>
Subject: In Round 2, Jammie Thomas Jury Awards RIAA $1,920,000
To: "A2k" <a2k@lists.essential.org>, "ip-health" <ip-health@lists.essential=
.org>, "Eric Dierker" <cogitoergosum@sbcglobal.net>, "Ray Beckerman" <ray@b=
eckermanlegal.com>
Cc: "IP-Watch" <info@ip-watch.ch>
Date: Friday, June 19, 2009, 6:35 AM

All,

=C2=A0 Thanks again Ray.

=C2=A0 Well this is a very surprising verdict, and yes no doubt there
will need to be a third trial.

See: http://news.slashdot.org/comments.pl?sid=3D09/06/18/227219

"Well the price went up from $9250 per
song file to $80,000 per song file, as the jury
http://recordingindustryvspeople.blogspot.com/#1573024392128294747
awarded the RIAA statutory damages of $1,920,000.00 for infringement
of 24 MP3s, in
http://beckermanlegal.com/pdf/?file=3D/Documents.htm&s=3DVirgin_v_Thomas
Capitol Records v. Thomas-Rasset. In this trial, although the defendant
had an expert witness of her own, she never called him to testify, and
her attorneys never challenged the technical evidence offered by the
RIAA's MediaSentry and Doug Jacobson. Also, neither the
http://recordingindustryvspeople.blogspot.com/#7357256688574176340
special verdict form nor the
http://recordingindustryvspeople.blogspot.com/#997538270954533061
jury instructions spelled out what the elements of a 'distribution' are,
or what needed to be established by the plaintiffs in order to recover
statutory as opposed to actual =E2=80=9D damages. No doubt there will now h=
ave
to be a third trial, and no doubt the unreasonableness of the verdict
will
lend support to those arguing that the RIAA's statutory damages theory
is
unconstitutional." Update:
06/19 01:39 GMT by=C2=A0 http://www.monkey.org/~timothy/ T : Lots
http://arstechnica.com/tech-policy/news/2009/06/jammie-thomas-retrial-verdi=
ct.ars
more detail at Ars Technica, too.

Regards,

Spokesman for INEGroup LLA. - (Over 284k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
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"YES WE CAN!"=C2=A0 Barack ( Berry ) Obama

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very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing=C2=A0 (159 F.2d 169 [2d Cir. 1947]
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