We always thought that the RIAA's first-ever filesharing trial victory against Jammie Thomas was a little suspect since the labels weren't required to prove that Thomas even had Kazaa installed on her machine or was the person using the account in question, and it looks like the court agrees -- it's just declared a mistrial and set aside the $222,000 judgment on the grounds that simply making copyrighted works available for download does not constitute copyright infringement. That's a huge decision -- the "making available" theory is the basis for most of the RIAA's legal arguments -- and it means that the RIAA will now have to prove the unauthorized transfer of each song it wants to collect damages on at the new trial. We'll see what effect this has in the broader sense -- we've got a feeling we're in for a slew of appellate decisions on both sides of the "making available" debate -- but for now it looks like the good guys are finally starting to score some points.

[Via ZDNet, thanks JagsLive]

Read - Wired article
Read - Decision [PDF]

For those of you who simply can't wait one more second to get your hands on one of the more hyped updates in recent memory, Vista SP1, you're in luck. According to a report (and our BitTorrent client, chugging along in the background), the new service pack has been leaked, then promptly made available for your forbidden downloading pleasure. Apparently, the full install doesn't provide you with an upgrade option, so make sure you backup necessary files (like those pictures of Mom, apple pie, etc.). PC World offers a highly detailed report on how many seeders and / or leechers were available at the time its article was written, but we'll spare you. Suffice to say, it's there for the taking.

Kiss front man Gene Simmons, makeup-wearing progenitor of high-brow fare such as Rock And Roll All Nite, Plaster Caster, and Love Gun, as well as star of the intellectual gem Gene Simmons Family Jewels has a message for file sharing aficionados out there: you deserve to be sued. Or, as Gene subtly puts it to Billboard while discussing college student's downloading habits, "Every freshly-scrubbed little kid's face should have been sued off the face of the earth." When asked about Radiohead and Trent Reznor's recent forays into new online distribution methods, our man Simmons retorts, "I open a store and say 'Come on in and pay whatever you want.' Are you on f*cking crack? Do you really believe that's a business model that works?" We don't know Gene, but we can't wait to download your new record.

[Via Digg]

Nothing's been filed yet, but Jammie Thomas and her lawyer were on CNN today discussing that ridiculous $222,000 damage award for sharing songs on Kazaa and confirmed that they will, in fact, appeal. The exact nature of the appeal is still up in the air, but Thomas' lawyer says it'll have to do with whether or not Thomas actually transferred a song to another Kazaa user or just made it available on the network. That's a pretty unsettled part of the law and a fairly weak part of the RIAA's case, but we'll have to wait and see what the actual appeal says before we'll have an idea of how this will play out. Peep the full interview on CNN at the read link.

[Via TG Daily]

The first RIAA file-sharing case to go to trial just wrapped, and sadly, the outcome isn't a positive one. Regardless of the incredibly asinine and consumer-hostile comments made by Sony BMG's head of litigation the other day, the jury found Jammie Thomas, a single mother from Minnesota, liable for willful copyright infringement and awarded the RIAA plaintiffs $222,000 -- that's $9,250 for each of the 24 songs she was alleged to have made available on Kazaa, for those of you keeping track at home, and probably something like, oh, say, $222,000 more than she should have had to pay, since the RIAA plaintiffs weren't required to show that Thomas had a file-sharing program installed on her machine or that she was even the person using the Kazaa account in question. Of course, this is just one case and there's always the possibility of appeal, but anything that emboldens the RIAA's litigation team is never good for the general public.

Disclaimer: Although this post was written by an attorney, it is not meant as legal advice or analysis and should not be taken as such.

Not really sure how much mileage Apple is going to get out of this patent, with Zune and pretty much everybody else already swapping songs and such wirelessly, but we'll humor 'em all the same. A September 1st, 2006 filing describes methods "for delivery of data to a portable electronic device from another electronic device." For sake of argument, we'll assume they're talking iPhones and iPods here. Applications are pretty broad, ranging from various protected and unprotected media files, to news subscriptions and shopping lists, and syncing can be done automatically and manually. In a definite step above the level of sharing offered by the Zune, subscription files can be shared in an unlimited manner with other subscription users -- though of course that would all be contingent on Apple ever offering a subscription-based iTunes to its users.

Here's an innovative business plan for you: start up an insurance company whose sole purpose is to cover your customers' fines should they get busted for illegal file sharing, thereby creating a clientele that by default is composed completely of criminals. Well believe it or not, a Swedish "entrepreneur" has begun to offer this very service to his fellow citizens -- for only $19 per year,  Magnus Braath's company Tankafritt promises to pay any penalties incurred from crackdowns on your rampant piracy, and he'll even throw in a free T-shirt to help you glorify your outlaw status. (Yes, you guessed it, the shirt actually does read "I got convicted for file-sharing and all I got was this lousy T-shirt"). Braath claims that he started the business as a statement against recent changes in Swedish law that had the nerve to criminalize illegal downloading, and that low conviction rates and relatively minor fines will allow him to keep the venture financially solvent. Hey Magnus, if you're looking to expand your operation, we hear that Spain's just passed some legislation that will probably create quite the demand for your unique little service -- who knows, with some hard work and a bit of luck, you could end up becoming the Geico of software and content piracy.

[Via Techdirt and Slashdot]

It's a sad day for Spanish content pirates, as formerly lax laws allowing P2P file sharing for personal use have just been overturned in favor of strict new rules that make file swappers financially liable for any unauthorized downloading they partake in. Furthermore, the new regulations -- which, unsurprisingly, have been blessed with the MPAA's seal of approval -- also hold ISPs accountable for the P2P activity of their customers, which could be seen as an incentive for service providers to block what they consider suspicious traffic. Even regular law-abiding citizens will be affected by the recent crackdown, as a small tax will now be levied on all blank media to reimburse copyright holders for earnings lost to piracy. While we're totally in support of intellectual property owners getting paid for their content, we worry that these tough new rules will discourage and even prohibit the many legitimate uses of P2P networks that have nothing to do with stealing movies and music -- as usual, a few  bad apples (well, maybe more than a few) have caused everyone else to suffer.

[Via Slashdot]

So Maxtor and Valley startup Fabrik are up to something together, which they're calling Project Fusion. It sounds very cloak and dagger and whatnot, but it's actually pretty transparent and literal: they're building a personal server (i.e. a big external hard drive) that connects up to the Internet with Fabrik's service and allows you to access your data with a web-accessible frontend. There's even a new buzzword to describe the package: "personal media portal." Ok then. According to Maxtor the device could go for as much as $799 for a 500GB, which leaves a bit of a bad taste in our mouths (especially when there's, you know, about ten thousand companies out there trying to get your files online for you), but Om likes Fabrik, and you can't really argue with Om.