Thursday, September 25, 2008

Newsflash: RIAA now required to present actual evidence in piracy trials


Another delightful legal misstep on the part of the indefatigable RIAA.




U.S. District Judge Michael Davis of Duluth, Minn., declared a mistrial in the case against Thomas, who was charged in October with violating copyright law by making 24 songs available for others to download on the Kazaa network.
Davis set aside the verdict on the grounds that he misguided the jury, telling jurors that simply the act of making a copyrighted song available for sharing amounts to infringement. The judge first indicated in May that he was
considering granting a new trial.
...
The Recording Industry Association of America argued that the jury instructions were valid. "Requiring proof of actual transfers would cripple efforts to enforce copyright owners' rights online--and would solely benefit those who seek to freeload off plaintiff's investment," RIAA attorney Timothy Reynolds wrote in a court filing.


Oh no, imagine the terrible burden involved in actually proving that a crime occurred, rather than that it could have potentially occurred. Poor, poor RIAA.

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1 comment:

Flatland Pastor said...

Shades of "Minority Report". The 'Department of Pre-Crime' is here - now.

Your crime is what you INTEND to do.

(shudder)