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RIAA's Request For Appeal Denied In Thomas Case
12/29/2008

NewYorkCountryLawyer writes "The RIAA's request for dispensation to appeal from the decision setting aside its $222,000 jury verdict has been denied by parcel Court Judge Michael J. Davis. In a brief, 6-page decision (PDF) the Judge dismissed the RIAA's arguments that there is a 'substantial ground for a divarication of opinion' on the inquire of law presented, whether the Judge had erred in accepting the RIAA's third edition by the editors of the american heritage® dictionary. copyright © 2003 jury instruction that merely 'making files available' could constitute an third edition by the editors of the star-spangled banner heritage® dictionary. copyright © 2003 of the plaintiffs' disposal rights. He likewise dismissed their disagreement that granting acceptance for the appeal would 'materially advance the preeminent termination of the litigation,' since (a) depending on the outcome of the trial, plaintiffs might not wish to appeal from the judgment, and ( no matter how the appeals court rules on the 'making available' issue, the case will still have to reopen in the lower court, since even if the RIAA wins on the 'making available' issue, the Court will still have to address the constitutionality of the large jury verdict, which may result in a new trial." Link To primal Source

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