Gizmodo: Trials

GPS Vs. Radar Gun Battle Appealed: GPS Wins!

Matt Hickey — Mon, 21 Jul 2008 22:30:00 EDT

We've been following the story of Shaun Malone, the California teen who was clocked by an officer doing 62MPH in a 45MPH zone, and was issued a ticket for $190. He took the ticket to trial and lost, as the state brought in a GPS expert via affidavit who said that the units weren't that accurate. The teen appealed, however, and the same expert revised his testimony on the stand, saying the device was accurate to within 1MPH. The device in question had the capability of emailing the teen's parents if he ever went above 70MPH, and also logged all other speeds. These logs were used and the judge found enough reason to throw out the original conviction, and will rule in October on the matter that may have far-reaching effects. The real question now is why did the trooper's radar gun think the speed was 33% faster than it actually was? [Ars]

It is Going to Take a Whole Lot of Thongs to Fight the RIAA

Sean Fallon — Mon, 29 Oct 2007 21:20:15 EDT

If you recall, a jury full of dumbasses recently stuck it to Jammie Thomas to the tune of $222,000 for downloading 24 pirated songs from Kazaa. Now, I don't know about you, but most people can't make this go away by whipping out their checkbook. So what does an average 30 year old single mother of two do to pull together that kind of money? She sells thongs. A whole lot of thongs to be exact. According to Jammie's website, only $16,000 has been collected through private donations to help her fight the charges against her, so it appears that she has resorted to selling "Free Jammie, Free Everyone" branded paraphernalia to help make up the difference. If you would like to help, and pick up a thong, shirt, or mug while you are at it, hit her product website in the link. [Cafepress via Crave]

Jammie Thomas Appealing RIAA Trial Judgment, Keeping Up Her MySpace Blog

Adam Frucci — Mon, 08 Oct 2007 13:56:09 EDT

Last week, a jury that we are not a fan of awarded the RIAA $222,000 for 24 songs shared via Kazaa. The first RIAA lawsuit brought to trial, it sets a pretty lousy precedent and it's seen as a big ol' victory for the freedom-haters that rep the major labels. Jammie Thomas, the woman who lost the court battle, isn't done fighting yet, however: she's gonna appeal the decision.

Her appeal is going to hinge on jury instruction no. 15, which told jurors that she could be found guilty even if it couldn't be proved that anyone actually downloaded the tracks she was sharing. Whether or not just making something available counts as distribution is a murky issue, one that doesn't have a clear precedent.

As Thomas so eloquently explains on her MySpace blog (sigh), her lawyer laid it all on the table in a CNN interview:

During the interview, he was asked what the next step is. I figured he would give the same answer I have given many, many times already in numerous interviews; "we're still strategizing about what our next options are." Standard lawyer speak if you will. But surprise, surprise, my attorney announced, on national television, with the RIAA watching I'm more than certain, we're going to appeal!!! That's right, you read that correctly: WE'RE GOING TO APPEAL!!! I could have kissed Batman when I heard that.
He explained how we're going to take the RIAA's theory of making available and appeal it. He also explained how if we win, this would stop the RIAA dead in their tracks!!! Every single suit they have brought has been based on this making available theory, and if we can win this appeal, they would actually have to prove a file was shared and by someone other than their own licensed agent (read MediaSentry).

It seems strange to me that her lawyer would announce that she's appealing on national TV without telling her first, but I guess Batman, Esq. is in control at this point, which seems like it's for the best. I guess. We'll keep you updated on the progress of Batman the lawyer and the MySpace blogger's quest to take down the RIAA as it happens. [Ars Technica]

Idiotic Jury Awards RIAA $222,000 for 24 Pirated Songs

Adam Frucci — Thu, 04 Oct 2007 18:42:10 EDT

Here's some lousy breaking news for you: in the case we recently told you about, Capitol Records, et al v. Jammie Thomas, the jury found in favor of the RIAA, awarding $222,000 worth of damages. That's $9,250 per song, for those of you keeping track at home, which is a hell of a lot less than the $150,000 per song maximum damage they could have awarded, but is still pretty nuts. I guess it's official: the system doesn't work. If anybody needs me, I'll be packing to move to Sweden. [Threat Level]

Jury on First RIAA Trial Goes Into Deliberations, Hopefully Aren't Dumb

Adam Frucci — Thu, 04 Oct 2007 17:30:00 EDT

The trial of the century — Capitol Records, et al v. Jammie Thomas — is coming to a close, with the Jury having just been sent in for deliberations. The case, which is the first RIAA case to make it to trial, all hinges on whether or not Jammie was the one using her Kazaa handle to share 1,700 files. The suit actually has been boiled down to a mere 24 MP3 files, but the RIAA claims they deserve $150,000 per song. What planet are you living on, RIAA?

While Jammie's argument that some 1337 h4X0r was sitting in a tree outside her window and using her Kazaa account without her knowledge is a pretty weak one, the real insanity in the case is that number. What math did they use to make that number up? As Buchanan says, "I'd find her guilty and then assign a penalty of 24 cents, a penny for every track at issue." Wouldn't that set a precedent that would neuter the RIAA's lawsuits by devaluing the very product they claim is so ludicrously valuable? It seems to me that her argument as to being innocent isn't exactly watertight, but in the end the real decision will be made on how much the jury awards the RIAA. And I can't really imagine any sensible jury thinking sharing 24 MP3s is really worth $3.6 million. Stay tuned, we'll keep you updated. [Threat Level]