2 ms·
Copyright is part of civil law, not criminal law. The double jeopardy clause which enables jury nullification does not extend to civil law. See https://en.wik
by eesmith 3y ago
Copyright is part of civil law, not criminal law.
The double jeopardy clause which enables jury nullification does not extend to civil law.
See https://en.wikipedia.org/wiki/Jury_nullification https://en.wikipedia.org/wiki/Jury_nullification which cites https://ia902506.us.archive.org/9/items/verdicts-of-conscience-nullification-and-the-modern-jury-trial/Verdicts%20of%20Conscience%20-%20Nullification%20and%20the%20Modern%20Jury%20Trial.pdf https://ia902506.us.archive.org/9/items/verdicts-of-conscien...
> In a civil trial, where the jury renders a verdict that is clearly at odds with the evidence, the judge can hand down judgment non obstante veredicto (JNOV) or order a new trial. Jury nullification is possible in a criminal context because once the defendant has been acquitted, and regardless of why he was acquitted, he cannot be tried again for the same offense. A consideration of the constitutionality of civil jury nullification is beyond the scope of this Note. See generally Lars Noah, Civil Jury Nullification, 86 Iowa L. Rev. 1601, 1601, 1626-57 (2001) (discussing legitimacy of jury nullification in civil cases and concluding that "the case in favor of civil jury nullification is much weaker than it is in the criminal arena.)
The primary reference is at https://heinonline.org/HOL/LandingPage?handle=hein.journals/ilr86&div=43&id=&page= https://heinonline.org/HOL/LandingPage?handle=hein.journals/... .
Even if jury nullification did apply, and you were lucky enough to get jurors who exercised that option, one clear consequence is going through the civil trial. You have no right to a public defender, so either you will need to pay for a (likely expensive) attorney, or deal with it on your own.
- throwaway17_17 3y agoExcellent points, I wish you had answered the what is nullification question from a comment above, it would have been better written and may have included sources.
- seabass-labrax 3y agoIt's that very same point which makes it acceptable (to some) to break civil law. Unless the plaintiff can actually prove that damages are due, then the preparations for the case (which are admittedly expensive for many) are the only costs that the defendant bears. In the grandparent's example, the TV series is still available, and so the copyright holder could make a strong case for damages. If it's an otherwise unavailable news report about a specialist topic, it would be much harder to claim that any damages (such as loss of profits) was actually incurred. The fact that YouTube can simply restrict access whenever they feel like it is of course tangential to the legality of distribution in general.