4 ms·
Im heavily divided on this. On one hand I think the court made the right decision and that a completely unbiased judge would have found the same. But on the ot
by ErrantX 17y ago
Im heavily divided on this. On one hand I think the court made the right decision and that a completely unbiased judge would have found the same.
But on the other hand there is that little bit of nagging doubt that possibly somebody (or rather a group) sneakily made sure he was given the case - which I am dead against!!
Mixed bag all round - TBH I think an appeal is probably the best approach over a retrial; but it has to be heard again in some form. Right now it is too much of a hanging verdict to me.
- teilo 17y agoWhether an unbiased judge would make the same decision is irrelevant. A retrial in a case like this should be automatic. Judges cannot be affiliated with the Prosecution or the Defense in a trial, Period. In the US court system, this would almost certainly have resulted in a retrial, but perhaps I am being naive.
- lucumo 17y agoHow can it be automatic? Somebody will have to decide if there was an affiliation. Apparently the judges in this case decided there wasn't. I'm not sure I agree with that. I haven't seen the complete reasoning of the judges.
- tptacek 17y agoFrom what I'm reading, the question of whether there was an affiliation was what the panel considered, and they decided no, because whatever affiliation there was was simply to an organization that espoused intellectual property and copyright laws as they existed already. In other words, you can't be forcibly recused from a copyright trial just because you believe copyright laws are valid in their strictest interpretation.
- mustpax 17y agoI agree with you that this casts doubt on the verdict, which doesn't do anybody any good. Still, the appellate court's contention is that being affiliated with a copyright law related professional organization is different than being affiliated with a particular copyright holder. Copyright law is simply a branch of legal study, interest in which is not a contentious issue per se. Furthermore, court doesn't concern itself with the political discussion around law, but in the application of law as it stands. I mean, I don't know where I personally stand in all this. But one thing is for sure, if the courts don't consider copyright law as contentious, a legislative body eventually will. Just look at the rise of the Pirate Party.
- ErrantX 17y agounbiased was the wrong word for me to use. Unaffiliated was what I should have said (even that is bad: all I mean is one with no connections full stop :D)
- tedunangst 17y agoWhat about in cases of disbarment? The judge is surely a member of the same bar association that the defendant is getting kicked out of.
- leoc 17y agoI seem to recall there was a similar conflict of interest in the Corley case, and I don't think it resulted in a retrial.