But Should Juries Have This Much Discretion? Last time we celebrated the finality* of the music industry’s case against Jammie Thomas-Rasset. The parties, for different reasons, decided to stop insisting on remittitur, let the judge rule on the constitutionality of...
How Many Licks? One, Two-hoo, *Crunch*, Three Er, how many trials does it take to get to the center of a file-sharing case, where the plaintiffs have a point to prove and the defendant has nothing left to lose? Three, apparently (because no one can get there without...
Heh, He Said “Dicta” Last time, I tried to explain the main holdings from the important but maddening Flava Works v. Gunther (a/k/a myVidster) opinion by Judge Posner. Because so much of the decision is dicta (material that is unnecessary to the holding),...
Richard Posner LOLs a Bad Preliminary Injunction. But Does Anyone Get the Joke? Is Richard Posner’s opinion in Flava Works v. Gunter (better known as the “myVidster” case) already a month old? For such an anticipated decision, it sure flew under the radar after a...
Dr. Evil Returns! Almost immediately after the jury in the Apple v. Samsung patent/trade-dress case returned its verdict, the twitterverse was buzzing with Dr. Evil jokes. Try as you might, but you couldn’t say, “$1 billion” without either cracking...
