JammieThomas
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Judge declares mistrial in RIAA filesharing case, sets aside $222,000 verdict
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]
Jammie Thomas to appeal $222,000 RIAA file-sharing suit
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]
RIAA wins first-ever file-sharing case to go to trial, awarded $222,000
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.
