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RIAA Victim Gets Retrial
Posted by Regeneration on September 26th, 2008, 06:06 AM

A federal judge granted a new trial to a Minnesota woman convicted of pirating music files in the nation's first file-sharing trial, ruling Wednesday he made an error in the jury instructions that "substantially prejudiced" her rights. Jammie Thomas was convicted last October and a jury in Duluth found her guilty of copyright infringement for offering to share 24 songs on the Kazaa file sharing network. She was ordered to pay $222,000 to six record companies.

On Wednesday, U.S. District Judge Michael J. Davis granted her motion for a new trial, while also imploring Congress to change copyright laws to prevent excessive awards in similar cases. At issue was whether the record companies had to prove anyone else actually downloaded their copyrighted songs, as Thomas' lawyer argued, or whether it was enough to argue, as the industry did, that a defendant simply made copyrighted music available for copying.

Relying on a 1993 appeals court decision, Davis concluded in his 44-page ruling Wednesday that the law requires that actual distribution be shown. In his jury instructions, he had said it didn't. Thomas said she was "very happy" with the decision, although she said she is not looking forward to going back to court. She was the first of thousands sued by the industry to go to trial.

You can read the entire article at Google News.

4 Comments
Damn that RIAA!!
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Nice...Waste more of the RIAA money in a ongoing failure of a campaign to stop something they can't. You would think they would find away to profit from filesharing instead of wasting their money trying to stop it. I can't imagine they get a lot of money from those they sue.
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They don't care about the money. It's about fear and intimidation.
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yup it's about control.....and that is always about fear and intimidation.....In the U.S.A how much money is made from entertainment? exported? Games ,music ,movies....how much natural resources are used towards the shipment of entertainment ,movies ,music,stereos,tv's ,games,consoles,etc,etc,etc. Advertising for said products? The RIAA has been the controlling middleman for many years and enjoying the wealth of their design....after all better advertising better sales right? They have lost control and are trying to get it back ,money is of little consideration.
What the little guy wants is cut out the middleman, and not pay for a Britney Spears video aimed at adolescence idolizing and instead buy cheap music for a wider demography.............
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