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Old 25th September, 2008, 11:46 AM
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Judge Tosses Verdict in Jammie Thomas Trial

Written by Daniel
Thursday, 25 September 2008

The RIAA loses another pivotal infringement case
Shane McGlaun (Blog) - September 25, 2008 12:10 PM
DailyTech

Many music fans and supports of consumer rights were appalled when Jammie Thomas was ordered to pay $220,000 in restitution to RIAA for allegedly making copyrighted songs available on peer-to-peer network Kazaa. [Frontpage...]
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Old 25th September, 2008, 12:26 PM
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Looks like the judge saw the constitution being drug out and walked on.
If you take the lawyers possition and look at it with an eye on some different crimes, it starts to unravel. Example. A person has crow bars, bolt cutters, pry bars and other assorted tools in his work shop. He makes it knowen to his next door neighbor, a felon, he can borrow them any time. The neighbor doesn't borrow the tools but gets busted for suspicion of burglary.
Under the Lawyers premise in the copyright case, the man with the tools can be arrested because he made the tools available.
The judge said "Whoa! Back up the trolly!"
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Old 25th September, 2008, 02:31 PM
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Actually, I suspect the judge got told by someone associated with a higher court that he needed to declare a mistrial if he wanted to avoid the embarrassment of having the verdict thrown out on appeal. It's extraordinarily rare for a judge to declare a mistrial this long after the original trial, from what I understand.
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Old 25th September, 2008, 03:33 PM
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You could very well be right............
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