View Single Post
Old 10-04-2007, 03:49 PM   #14
Steven Lyle Jordan
Grand Sorcerer
Steven Lyle Jordan ought to be getting tired of karma fortunes by now.Steven Lyle Jordan ought to be getting tired of karma fortunes by now.Steven Lyle Jordan ought to be getting tired of karma fortunes by now.Steven Lyle Jordan ought to be getting tired of karma fortunes by now.Steven Lyle Jordan ought to be getting tired of karma fortunes by now.Steven Lyle Jordan ought to be getting tired of karma fortunes by now.Steven Lyle Jordan ought to be getting tired of karma fortunes by now.Steven Lyle Jordan ought to be getting tired of karma fortunes by now.Steven Lyle Jordan ought to be getting tired of karma fortunes by now.Steven Lyle Jordan ought to be getting tired of karma fortunes by now.Steven Lyle Jordan ought to be getting tired of karma fortunes by now.
 
Steven Lyle Jordan's Avatar
 
Posts: 8,482
Karma: 5171130
Join Date: Jan 2006
Device: none
Quote:
Originally Posted by Nate the great View Post
I just heard about a proposed Jury instruction in this case.

from Ars Technica:

After both parties rested in Capitol v. Thomas, the attorneys for both sides began going through Judge Michael J. Davis' proposed jury instructions. Instruction no. 14 proved to be a sticking point, as Thomas' counsel Brian Toder told Ars tonight that the judge's proposed instruction indicated that the plaintiffs must show that an actual transfer took place in order for there to be a finding of infringement. "The mere act of making copyrighted sound recordings available for electronic distribution on a peer-to-peer network without license from copyright owners does not violate the copyright owners' exclusive right to distribution," reads the proposed jury instruction. "An actual transfer must take place."

http://arstechnica.com/news.ars/post...-wraps-up.html
I understand that, as of this morning, the instruction has been changed: Simply making the files available DOES violate the copyright owners' exclusive right to distribution. "If there's an index and something behind it, that's distribution," argued Gabriel.
Steven Lyle Jordan is offline   Reply With Quote