Re: Guilty verdict in music file-sharing case (CNN)

["Jarrod Frates" <jfrates.ml () gmail com>]

On 10/4/07, Alex Eckelberry <AlexE () sunbelt-software com> wrote:
> That's truly awful.

That may be so, but the loss was not at all unexpected because she was
essentially banking on a sympathetic jury.  The name that she used
('tereastor') is unique enough that it was easy enough to tie it back
to her.  The rest of her case was almost as flimsy, though she had a
few good points, including that she could not have replaced the hard
drive to hide evidence since she didn't know about the coming suit.

At this point, the only chance that the defendant has is to have the
appeals court find that the damages are out of appropriate scale for
the infringement, which itself is a slim chance at best.  If the RIAA
had sued for damages plus penalty, they might have been constrained to
a much lower ratio, as set in precedent by BMW v. Gore.  There, the
Court found that the ratio of the award was 500 times that of actual
damages, and found this to be unconstitutionally high in that case,
though they allowed that this may be permissible in certain other
cases.

Still a very, very narrow chance to succeed.
-- 
Jarrod Frates
GAWN
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