Jammie Thomas isn’t the only file-sharer to choose to litigate her defense. While it’s true that most people the RIAA sues for copyright infringement elect to settle (or point out that they don’t own a computer, or that they’re dead), a graduate student named Joel Tenenbaum has just finished litigating his defense in a civil copyright suit against the RIAA.
I think it’s safe to say that it could have gone better.
Upon reflecting on my essay on the latest developments in the Lori Drew trial, I fear I have made JNOVs sound terrifying. Dear Reader, I assure you that the judicial system is not inherently broken because judges have an apparently final say in any trial. Of course, there is always the appeals process, which is but a small consolation (there seem to be many in the judicial system) for someone who “wins” a trial only to have a judge decide the opposite way. But the important thing to understand about JNOVs concerns the difference between issues of fact and issues of law.