De-FUD: Ars Technica Swings and Misses June 21, 2009
Ars technica did a post Jammie Thomas trial round up and missed a couple of important things.
First, they say that the constitutional grounds for challenging the jury verdict would be the Eighth Amendment’s prohibition on “excessive fine[s].” The Eighth Amendment only applies to criminal matters, and is inapplicable in this case. The verdict would be challenged as unconstitutional under the 5th Amendment. This will be discussed on this week’s podcast. Look for it on Tuesday.
Secondly, the article implies that the RIAA may still be willing to settle for a figure near what they previously offered: around $5000. This is very unlikely as it wouldn’t even being to cover the fees and costs associated with the two trials.
Related posts:
- RIAA Offers Thomas-Rasset Settlement, T-R Rejects The RIAA offered to settle Jammie Thomas-Rasset’s case for $25,000...
- We didn’t consider that In Podcast 34 (to be released later tonight), we talked...
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