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                        THE INDUSTRY STANDARD'S
                          M E D I A  G R O K
            A Commentary on What the Press Is Reporting and Why
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                                        | http://www.thestandard.com | 

Wednesday, June 20, 2001


MP3.com's Math Problem

Remember the MP3.com jury in New York that couldn't handle long division? 
It announced a list of damages against MP3.com in April, but accidentally 
said "$3,125" when it meant "$31,250." Result: a $292,000 ruling that was 
supposed to be closer to $3 million. Two months later, a federal judge 
decided the math mistake should result in a new trial.

The second round of reportage this week shed more light on how twelve 
otherwise competent people - including a math teacher - blew it in the
case brought by TVT Records. The calculations were left to one juror
who did the computing on her Palm, and nobody double-checked. It turns
out your algebra teacher was right to make you save your scratch paper, 
because one of the other jurors produced a sheet of paper with the 
original, intended $2.9 million-or-so calculation on it. Math teachers 
everywhere are probably smug that doing it by hand, in this case, yielded 
better results than a calculator. (Bloomberg called the gadget a "handheld 
computer" and others referred to a "Palm Pilot" - a specific model of Palm, 
not a generic term, but now we're nitpicking.)

"While it seems likely that the scratch paper showing a total award 
of $2,918,098 is accurate, only the juror producing it affirmatively
testified that this was the precise amount agreed to, and the court
concludes that this is an insufficient basis on which to correct 
the verdict," said the judge who presided over the original case.
"Accordingly, the only reasonable alternative is to re-try the case."
Use a pencil next time, jurors. - Jen Muehlbauer

New Jury and Trial Ordered in Copyright Case Against MP3 (New York Law
Journal) 
http://www.law.com/cgi-bin/gx.cgi/AppLogic+FTContentServer?pagename=law/View&c=Article&cid=ZZZHGEYC6OC&live=true&cst=1&pc=5&pa=0&s=News&ExpIgnore=true&showsummary=0

New trial ordered in MP3.com suit (Inside.com)
http://www.msnbc.com/news/589767.asp

Federal Judge Declares Mistrial In MP3.Com Case, Cites Bad Math
http://interactive.wsj.com/articles/SB992982141467490658.htm
(Paid subscription required.)

Jury's Math Mistake Brings Mistrial in MP3.com Copyright Case
http://quote.bloomberg.com/fgcgi.cgi?ptitle=Technology%20News&s1=blk&tp=ad_topright_tech&T=markets_bfgcgi_content99.ht&s2=ad_right1_technology&bt=ad_position1_technology&middle=ad_frame2_technology&s=AOy_45RWPSnVyeSdz


Copyright 2001 Standard Media International

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