[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: [dvd-discuss] [OT] elcomsoft/sklyarov jury denied text of law?

James S. Tyre wrote:
>David, I agree with you; except that I'm not willing to rely on an 
>ambiguous news report to conclude that the judge only answered questions.
>What the story does not say is whether the jurors were given written copies 
>of the jury instructions.  In federal court it is typical practice (though 
>not mandatory) that the judge give the jury the instructions in writing, 
>their own set to take into the deliberation room.[1]  As the jury needed to 
>decide whether ElcomSoft violated DMCA, the jury instructions (whether 
>given orally or in writing) necessarily would have included the precise 
>language of the relevant portions of DMCA.
>So, if the judge gave the jury the instructions in writing, then the judge 
>in fact did what you suggest; if the judge gave the jury instructions only 
>orally, then I would be troubled also.
>[1] As a general rule, the more complex the case, the more likely the judge 
>will give the jury a full written set of the jury instructions.  Here, the 
>facts were nor complex, but the law which had to be applied to the facts is.

Ahh, that makes sense.  Yes, I agree; I don't have full confidence
in the completeness of the news report, either, and you've convinced
me that it would be premature to come to any conclusions.

Many thanks for taking the time to explain the situation to us!