tag:blogger.com,1999:blog-5383512304639632735.post2518777812014354284..comments2024-01-23T07:34:52.253-08:00Comments on Copyrights & Campaigns: Team Tenenbaum's biggest mistakeBen Sheffnerhttp://www.blogger.com/profile/06477793715765992689noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-5383512304639632735.post-38379899623514410152009-07-30T01:06:48.839-07:002009-07-30T01:06:48.839-07:00My bad. I guess I misread the paragraph. I'm g...My bad. I guess I misread the paragraph. I'm glad to see that you weren't suggesting that the QED was a viable argument. :p<br /><br />- JBCAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-7215260648353804192009-07-29T20:41:07.824-07:002009-07-29T20:41:07.824-07:00@Those who noted that Tenenbaum offered to settle:...@Those who noted that Tenenbaum offered to settle:<br /><br />Yes, he did. But, given the state of the evidence, which may cause the jury to return a very large verdict against him, I think most lawyers would be urging him to settle now for *any* reasonable amount. I don't know what's the minimum amount the labels would accept. But I do know that if the jury finds liability on the 30 songs (which I think highly likely), the absolute minimum they could award is $22,500 (30 times $750). I would think it wise to settle for anything below that, and probably considerably more.Ben Sheffnerhttps://www.blogger.com/profile/06477793715765992689noreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-9085234014184670622009-07-29T20:36:47.366-07:002009-07-29T20:36:47.366-07:00@Anonymous 8:17 am (JBC):
I was actually making t...@Anonymous 8:17 am (JBC):<br /><br />I was actually making the opposite point you apparently thought I was making. My point was that the argument I paraphrased ("There's been lots of piracy, and lots of job losses. Therefore piracy caused the job losses. Q.E.D.") is NOT rigorous economic analysis. That's why the plaintiffs called Professor Liebowitz.Ben Sheffnerhttps://www.blogger.com/profile/06477793715765992689noreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-14982204007372388112009-07-29T16:00:00.512-07:002009-07-29T16:00:00.512-07:00This was a good post. Only one note. I believe th...This was a good post. Only one note. I believe the defense did attempt to settle out of court before they went to trial. From what I've read the plaintiff refused the request to settle.Tenrou Ugetsuhttp://www.legalmatch.comnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-87455202521191523052009-07-29T15:00:07.649-07:002009-07-29T15:00:07.649-07:00Just wanted to tell you what an excellent blog you...Just wanted to tell you what an excellent blog you are keeping. I work in anti-piracy in the UK and my firm is engaging in a similar type of campaign against on-line copyright infringers. It's a shame this is not being broadcasted, our firm would have found it useful. Personally I think it is a definite win for the RIAA. I will be tracking your blog with interest.Terence Thttp://www.ukcompromiseagreements.co.uknoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-10530202072921380432009-07-29T11:49:12.265-07:002009-07-29T11:49:12.265-07:00This case is about the constitutionality of statut...This case is about the constitutionality of statutory damages. That's their entire schtick (though I did think the pot anglein voir dire was clever). Their constitutional case is actually helped by the absence of actual damages, because then the BMW v. Gore multipliers are automatically not working. It frames the issue just about perfectly. Remember, as well, judge gertner's ruling about discovery on this issue only made sense (to me, at least) if she were planning to address this later on. <br /><br />FWIW, your coverage of this trial really has been excellent. Many thanks.rumpolenoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-36681325953568239682009-07-29T08:27:59.618-07:002009-07-29T08:27:59.618-07:00Anon: He isn't espousing that argument; he...Anon: He isn't espousing that argument; he's just saying that it's the one the labels would make. Presumably if here were writing a legal brief and not a blog post he would A: express HIS position, instead of another party's presumed position, and B: go into it more deeply that he does here.halojones-fanhttps://www.blogger.com/profile/05473935330204075559noreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-42900543710204689082009-07-29T08:17:16.073-07:002009-07-29T08:17:16.073-07:00"There's been lots of piracy, and lots of..."There's been lots of piracy, and lots of job losses. Therefore piracy caused the job losses. Q.E.D."<br /><br />Ben, you're trained in logic and reasoning, you should know better than to make faulty statements like this. <br /><br />There is certainly a _correlation_ between piracy and job losses at the music companies; however proving a _causation_ requires more than making a (faulty) "logic" statement.<br /><br />- JBCAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-28412462584429037512009-07-29T06:51:02.158-07:002009-07-29T06:51:02.158-07:00I agree with you that the absence of expert testim...I agree with you that the absence of expert testimony will prove a misstep but the decision not to settle is the only conscionable one available. The settlements in these cases will be remembered among the robber barons as shameful examples of corporate ethics gone bankrupt.Kevinhttps://www.blogger.com/profile/09948969569968097152noreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-6322863964311236602009-07-29T06:14:47.471-07:002009-07-29T06:14:47.471-07:00You give too much credence to Liebowitz's meth...You give too much credence to Liebowitz's methods. His report is full of conjecture, despite all the attempts at mustering fancy numbers. Clearly, there is no consensus on this -- just experts with their own stories to sell to commercial lawfirms.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-82090110915009017422009-07-29T00:23:51.464-07:002009-07-29T00:23:51.464-07:00Agree with this article, except to say that the de...Agree with this article, except to say that the defendant did make several offers to settle before this case was litigated, all of which were rejected as inadequate by plaintiffs.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-34571768729093142532009-07-28T22:33:59.823-07:002009-07-28T22:33:59.823-07:00Probably end up like Thomas-Rasset - bad PR regard...Probably end up like Thomas-Rasset - bad PR regardless.Anonymousnoreply@blogger.com