JUSTICE

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RIAA TRIES TO KEEP CASE FROM JURY

ERIC BANGEMAN, ARS TECHNICA The over 20,000 file-sharing lawsuits that
have been filed over the past few years share a single distinction: not
one of them has made it to trial. The RIAA is trying to keep Virgin
Records, et al v. Jammie Thomas from a jury trial, filing a motion for
summary adjudication on some specific aspects of the case.

What the RIAA is after is a ruling from the judge that some of the facts
of the case are not in dispute. If that is the case, then there are no
issues of material fact that exist to be decided, and therefore no need
for a trial by jury. It's the same scenario in Novell v. SCO: all the
material facts were decided by the judge last month, so there's nothing
left for a jury to decide.

http://arstechnica.com/news.ars/post/20070910-with-trial-date-
looming-riaa-tries-to-avoid-facing-a-jury.html


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