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- Judge changes her mind: Tenenbaum is liable
- Another day, another crazy turn in the Tenenbaum trial. First Joel admits that he downloaded and uploaded a multitude of songs. So the plaintiffs ask for a directed verdict taking the decision away from the jury on the issue of liability and other issues. Yesterday the judge denied the motion,...
- Tags: Liability, Jury, Tenenbaum, Ray Beckerman, Strategy, Management, Richard Koman
- Blog posts 2009-07-31
- Imagining a real-world verdict in Thomas-Rasset case
- Ray Beckerman has a nice little piece of vitriol about the crazy-ass $1.9 million judgment in the Capitol v Thomas-Rasset case. Ray imagines a parallel universe in which the trial was conducted according to the Federal Rules of Evidence and Civil Procedure. In this world, the RIAA needs some shred...
- Tags: RIAA, Ray Beckerman, Ray, Richard Koman
- Blog posts 2009-06-21
- Donate to Anti-RIAA expert witness fund
- The Free Software Foundation's Expert Witness Defense Fund, created in conjunction with Recording Industry v The People, is in dire need of additional funds. Ray Beckerman says the fund has provided critical expert reports in both UMG v Lindor and Capital v Thomas. ...
- Tags: Fund, Ray Beckerman, Internet, Productivity, Richard Koman
- Blog posts 2009-03-24
Additional Resources
- Ruling: Fighting RIAA by blog is OK
- Lawsuits have long been tried in the news media, with lawyers putting their spins on the case in front of news cameras and microphones. So what's wrong with a lawyer using a blog to post court documents and otherwise discredit his legal opponents? Apparently, nothing. ...
- Tags: RIAA, Blog, Lawyer, Blogging, Internet, Sam Diaz
- Blog posts 2009-10-13
- Sony loses bid to force royalties out of webcaster
- On the hunt for money to beef up their rapidly deteriorating industry, the Big Four record labels sued LAUNCH, owned by Yahoo, and currently operated by CBS Radio CBS also owns ZDNet. Their gripe: LAUNCH lets users create channels by genre and skip songs they don't like. This, they claimed,...
- Tags: Sony Corp., Predictability, Advertising & Promotion, Digital Media, Marketing, Consumer Electronics, Personal Technology, Richard Koman
- Blog posts 2009-08-24
- Judge nixes fair use defense in Tennenbaum filesharing case
- In a last-minute knockout punch, delivered just hours before the latest high-profile RIAA case was scheduled to start, Judge Nancy Gertner denied a fair use defense to Joel Tenenbaum, Ars Technica reports. Tenenbaum had sought to present his fair use theory to the jury but the judge...
- Tags: Defendant, Joel Tenenbaum, Peer To Peer (P2P), Team Management, Internet, Management, Richard Koman
- Blog posts 2009-07-27
- 'Insane' $1.9 million verdict could prove RIAA's downfall
- So Jammie Thomas-Rasset is a thief - a willful copyright infringer - who uploaded 24 songs to the Internet. At least, the jury in her second trial so found in delivering a $1.9 million verdict: $80,000 per song. Under the law the jury...
- Tags: Damage, RIAA, Public Relations, Government, Marketing, Corporate Communications, Richard Koman
- Blog posts 2009-06-19
- Wow! Jury verdict in Capitol v Thomas-Rasset: $2 million
- Via Recording Industry v The People: In Capitol Records v. Thomas-Rasset, the jury has returned a verdict in favor of plaintiffs in the amount of $1,920,000.00, or $80,000.00 per song file. Ray Beckerman notes that's 228,571 times the actual damages. ...
- Tags: Verdict, Richard Koman
- Blog posts 2009-06-18
- Thomas seeks new counsel, RIAA brooks no delay
- The lawyer for Jammie Thomas, the only person to actually go to trial on an RIAA copyright infringement case, is withdrawing from the case, Ray Beckerman reports. Amazingly, RIAA lawyers are fighting Thomas' request for a continuance to seek new counsel. Apparently, RIAA thinks they can only win this thing...
- Tags: RIAA, Lawyer, Attorney, Thomas, Richard Koman
- Blog posts 2009-05-16
- Radiohead: Filesharing good for music biz
- The trial of Joel Tenenbaum is rapidly shaping up as a referendum on the harm of file-sharing, or lack thereof. Thus the star witness in Harvard law prof Charles Nesson's defense of Tenenbaum will be Radiohead manager Brian Message, MediaPost reports (via Ray...
- Tags: Nesson, Sales Strategy, Peer To Peer (P2P), Sales, Internet, Richard Koman
- Blog posts 2009-04-02
- Brittany's story: a tale of heroism amid RIAA abuse
- Brittany Kruger may be a scared young lady but she has also proven to be a brave advocate for victims, like herself, of RIAA Mafia shake-downs, arm-twisting and assorted rough stuff. According to Ray Beckerman Brittany and her father's willingness to expose the fact that MediaSentry violated Michigan law by...
- Tags: RIAA, College Student, Michigan, Person, Brittany, P2Pnet, Litigation, Piracy, Business Operations, Corporate Law, Richard Koman
- Blog posts 2009-03-01
- Internet stars come out for RIAA trial
- In RIAA lawsuit news, the Tennenbaum case â€" in which uber-lawyer Charles Nesson now represents the defendant â€" is taking an Internet star turn. Ray Beckerman reports that in a pretrial memo PDF, Nesson discloses that he intends to call some of the biggest legal names in digital rights. ...
- Tags: Electronic Frontier Foundation, P2P, RIAA, Berkman Center, Charles Nesson, Internet, Peer To Peer (P2P), Richard Koman
- Blog posts 2008-11-19
- Thomas case reveals obscene penalties for P2P downloaders
- <Update>Further note from Ray Beckerman from Recording Industry v The People on the issue of whether MediaSentry's downloading would suffice for the distribution charge see Investigator Downloading section below: "There still has to be sale or other transfer of ownership, or rental, lease, or lending. And the dissemination has to...
- Tags: Distribution, P2P, RIAA, Verdict, Judge, Investigator Downloading, Thomas, Peer To Peer (P2P), Internet, Richard Koman
- Blog posts 2008-09-25
- RIAA settles for $6K in Elektra v. Barker
- The RIAA has settled PDF for a mere $6,000 in the case of Elektra v Barker. The RIAA had sought maximum statutory penalities for each of a long list of files found in the defendant's "shared" folder. So this is a come-down from many tens of thousands of dollars (recall...
- Tags: RIAA, Richard Koman
- Blog posts 2008-08-18
- 'Making available' argument rapidly dying well-deserved death
- I'm passing along Ray Beckerman's post on two recent cases that show the RIAA's attempt to use a "making available" theory to show copyright infringement is clearly on the way out. The Copyright Act clearly requires a showing that the defendant transferred the content to someone else; the RIAA has...
- Tags: RIAA, Judge, Statute, Peer To Peer (P2P), Internet, Richard Koman
- Blog posts 2008-08-05
- Judge: Possible 'manifest error of law' in Thomas case
- In a huge break in the Capitol v. Thomas case â€" in which Jammie Thomas right was hit with a $220,000-plus verdict for copyright infringement â€" the judge in the case said he may have made a "manifest error of law" in his instructions to the jury. ...
- Tags: Distribution, Internet, Judge, Peer To Peer (P2P), RIAA, Richard Koman
- Blog posts 2008-05-15
- The end of RIAA litigation
- I spent this morning on the phone with Ray Beckerman of the Recording Industry v The People blog, who laid out why the decision is pretty much the touch of death for the RIAA's litigation strategy. Here's the scenario: The entire litigation model is based on the...
- Tags: Damage, RIAA, Reproduction, Litigation, Business Operations, Richard Koman
- Blog posts 2008-04-30
- The RIAA is NOT saying that ripping your CDs is illegal
- Despite what some websites are reporting, the RIAA is NOT saying that ripping CDs into MP3s is illegal. The story started on lawyer Ray Beckerman's Recording Industry vs. The People blog. In a post yesterday Beckerman is claiming that the RIAA is saying that ripping CDs for...
- Tags: CD, RIAA, Adrian Kingsley-Hughes
- Blog posts 2007-12-11
- RIAA defendant vows to fight on
- Jammie Thomas will appeal the $222,000 verdict a jury handed down against her in the first filesharing infringement trial, she announced on MySpace page. She says her attorney "floored" her during a CNN appearance when asked what her next step would be. But surprise, surprise, my...
- Tags: Theory, RIAA, Attorney, Jury Instruction, ZDNet Government
- Blog posts 2007-10-08
- Judge says making files available is the same as distributing
- Defendants in RIAA copyright infringement suits got some bad news today when Judge Neil V. Wake granted summary judgment for RIAA in the case of Atlantic v. Howell. Pamela and Jeffrey Howell defended themselves in the suit and claimed simply that their file-sharing program was "not set up to share,"...
- Tags: RIAA, Judge, ZDNet Government
- Blog posts 2007-08-27
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