[FC-discuss] Court: It's All Up to the Jury

[Seth Johnson]

> http://recordingindustryvspeople.blogspot.com/2009/07/court-leaves-all-issues-other-than.html

 
The Court Leaves All Issues, Other Than Copyright Ownership, to the
Jury, in SONY v. Tenenbaum


Thursday, July 30, 2009

posted by Ray Beckerman @ 7/30/2009 07:45:00 PM


In SONY BMG Music Entertainment v. Tenenbaum, the Court ruled that all
issues other than copyright ownership will be left to the jury.

    Judge Nancy Gertner: Electronic ORDER entered with 
    respect to Rule 50 motion: The Court will make required 
    findings concerning copyright ownership, but leave all 
    remaining issues -- infringement (reproduction and 
    distribution), damages and willfulness -- for the jury, 
    out of an abundance of caution. The Court does so in 
    part because the statutory damages inquiry obliges the 
    jury to consider some of the same issues as the 
    infringement inquiry, i.e. the nature of the 
    infringement. (Gertner, Nancy)