[Upd-discuss] Court: Oops, Jury Does Not Decide Guilt, Just Everything Else

[Seth Johnson]

> http://recordingindustryvspeople.blogspot.com/


Friday, July 31, 2009
 
Court reverses itself, will direct a verdict on liability, in SONY v
Tenenbaum

The Court has reversed itself and has stated now that it will direct
liability in favor of plaintiffs in SONY BMG Music Entertainment v.
Tenenbaum.

    Judge Nancy Gertner: Electronic ORDER entered with 
    respect to reconsideration of rule 50 motion: The Court 
    has reviewed the transcript of the defendant's 
    testimony, which had not been before the Court at the 
    time of the earlier ruling. The last question asked by 
    Mr. Reynolds on direct examination was Question: "Mr. 
    Tenenbaum, on the stand now, are you now admitting 
    liability for downloading and distributing all 30 sound 
    recordings that are at issue and listed on Exhibits 55 
    and 56 of the exhibits?" Answer: "Yes." Notwithstanding 
    the protestations of Tenenbaum's counsel, Tenenbaum's 
    statement plainly admits liability on both downloading 
    and distributing, does so in the very language of the 
    statute (no "making available" ambiguity) and does so 
    with respect to each and every sound recording at issue 
    here. Thus, the Court reverses its earlier ruling; Rule 
    50 motion is granted with respect to infringement. The 
    only issues for the jury are willfulness and damages. 
    (Gertner, Nancy) 

[Ed. note. The judge's ruling is erroneous. The question : "are you
admitting liability" is a legal question, not a factual question,
which Mr. Tenenbaum was not qualified to answer. For the Court to base
its decision on that is wrong. -R.B.]