Latest in File sharing

Image credit:

Judge declares mistrial in RIAA filesharing case, sets aside $222,000 verdict

Nilay Patel
09.25.08
Share
Tweet
Share
Save

Sponsored Links


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]

All products recommended by Engadget are selected by our editorial team, independent of our parent company. Some of our stories include affiliate links. If you buy something through one of these links, we may earn an affiliate commission.
Share
Tweet
Share
Save

Popular on Engadget

UN calls for investigation into alleged Saudi hacking of Jeff Bezos

UN calls for investigation into alleged Saudi hacking of Jeff Bezos

View
The best smart speakers

The best smart speakers

View
Tesla settlement reportedly lets it sell and service cars in Michigan

Tesla settlement reportedly lets it sell and service cars in Michigan

View
Motorola will begin taking foldable Razr pre-orders on January 26th

Motorola will begin taking foldable Razr pre-orders on January 26th

View
The Morning After: Sonos 'legacy' plan makes smart homes look silly

The Morning After: Sonos 'legacy' plan makes smart homes look silly

View

From around the web

Page 1Page 1ear iconeye iconFill 23text filevr