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In a sense it's too late. The reversal is now part of the legal record along with the reason why. It, therefore is quotable in futher cases. The RIAA has to now explain why this court was wrong in it's reasoning, rather than working with essentially a clean slate...
This is why the Tobacco industry has fought each case so hard to prevent a plaintiff from winning, no matter how weak the Tobacco industries case; to prevent that future quotable precedent...
The RIAA will retry, they can't afford to leave the precedent as it is. They know know this case is now win or lose for the whole enforcement effort.
Last edited by Greg Anos; 09-25-2008 at 06:59 PM.
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