"U.S. District Court Judge Michael Davis will allow evidence gathered by MediaSentry, a security firm that once investigated illegal file sharing on behalf of the music industry, to be heard by a jury in Thomas' retrial, scheduled for Monday."
The lack of private investigator's credentials in certain states was key to Thomas' defense, and would have been a big factor affecting more than just her trial. In another blow, Judge Davis also commented on Thomas' decision to argue "fair use" as a defense:
"The record in this case, with which this Court is intimately familiar, gave no hint that a fair use defense would be forthcoming. It would be highly prejudicial to Plaintiffs to allow Defendant to assert this new affirmative defense on the eve of retrial."
"As P2P file-sharing defendant Jammie Thomas prepares for her retrial this month, her lawyer has sough to have the main evidence against her thrown out. In its response, the recording industry says that the complaint is based on an "entirely fictional set of facts and law.""
I hate to say it — and this is in large part because iANAL — the RIAA's argument in TFA make sense. Some educated and spirited debate here would be appreciated in helping to dissect said argument — I really don't want the RIAA to win this case, if only because Mrs. Thomas-Rasset is a great example of standing up to corrupt big business."
yerktoader (413167) writes "There are rumors abound that Apple might buy EA, but some interesting counterpoints abound. Film at eleven(via Yahoo):
File this one firmly under "unconfirmed," but it's nevertheless a tantalizing rumor.
According to Fast Money's Guy Adami, via TheStreet.com, Apple is "eyeing Electronic Arts as a takeover target." EA's currently the second-largest games publisher in the world and owner of the smash hit NFL-licensed series of football games. Could we be facing the possibility of a Mac-only iMadden?
Well, probably not. Apple has indeed been bolstering its games know-how, hiring a major Xbox strategist away from Microsoft in recent weeks. And EA is no stranger to Apple platforms: in the last year it's brought several of its major franchises to the iPhone, including Sim City, Tiger Woods, and Spore, with considerable success. But it's a far cry from there to a takeover, and that's putting it mildly.
Specialist video games analyst Michael Pachter seems to agree. Speaking to Gamasutra, he pointed out that if Apple was looking to make some entertainment acquisitions, it could buy Warner Music — which controls 20% of the music industry — for roughly half of EA's estimated price. However, the doubt didn't stop EA's stock from bucking the market trend to climb 1.63% at closing." top
I've not read their case info, and IANAL, but from what I remember of the price wars back then and the state of the market now, RAMBUS' claim seems pretty loaded. Anyone with substantive knowledge on this care to comment?" top
yerktoader (413167) writes "Trent Reznor and NIN have released another album under Creative Commons, entitled "The Slip". It's free as in speech and beer, as the album has NO cost and I have seen no notice of a physical copy for purchase. The offered formats are high quality MP3, FLAC or M4A lossless, and 24/96 WAV. It's also available streaming at www.ilike.com. So far I'm at track 4 and I'm diggin' this a whole lot more than Year Zero; Mr. Reznor seems to be back in full swing creatively."