$222K Illegal Downloading Verdict Tossed

On Grounds Judge Misguided Jury; Woman Had Been Convicted Of Making 24 Songs Available Online

(CNET)  A federal judge on Wednesday threw out the verdict against Jammie Thomas, the peer-to-peer network user ordered to pay the recording industry $222,000 for allegedly sharing music online.

U.S. District Judge Michael Davis of Duluth, Minn., declared a mistrial in the case against Thomas, who was charged in October with violating copyright law by making 24 songs available for others to download on the Kazaa network.

Davis set aside the verdict on the grounds that he misguided the jury, telling jurors that simply the act of making a copyrighted song available for sharing amounts to infringement. The judge first indicated in May that he was considering granting a new trial.

In June, the Electronic Frontier Foundation and other consumer and industry groups weighed in, also claiming the jury instructions were erroneous.

The Recording Industry Association of America argued that the jury instructions were valid.

"Requiring proof of actual transfers would cripple efforts to enforce copyright owners' rights online--and would solely benefit those who seek to freeload off plaintiff's investment," RIAA attorney Timothy Reynolds wrote in a court filing.

Thomas is the only individual charged with copyright infringement by the RIAA who has taken her case to trial.

RIAA spokesman Jonathan Lamy said Davis' decision was not surprising, but the RIAA still had confidence in its case.

"As with all our illegal downloading cases, we have evidence of actual distribution--an assertion this court and others nationwide have made clear constitutes infringement," he said. "We have confidence in the facts assembled against the defendant."

hissteps4u, HEY STUPID (since you like throwing that word around). Learn some proper grammar and spelling and maybe, JUST MAYBE someone will listen to you. You think you know all there is to know about the law. Having copyrighted files available on yr computer to share with others is still against the law. Regardless of how you are sharing. If you networked computers in the same house, that might be one thing, which is probably all you know how to do. Take a couple of English courses and writing courses and get back to us.....STUPID!!

[kuei12]

hissteps4u
Don''t trip over your ego.LOL. You call other people stupid? While no matter how intelligent we may be, we have many problems sifting through your poor grammer.

Anyway I think the reversal of this case is fantastic. It is good to see a judge do something right. Could it be his decision was affected by the HUGE public outcry over this case?

[hissteps4u]

It is so easy to set up computer to computer access with friends and family and to use a Third Party system like Kazza and others is simply stupid now adays. Mush easier ways to share files and data and songs without the Mega Companies being able to do a thing about it.

This is a new age and new times and there is nothing wrong with shareing files among family and friends.

Those ignorant users who cant figure out how to share without such Third party applications are the dum ones in all this.. If Ignorance was bliss they would be a Blister..

I stoped useing Kazza and Napster and all Third party shareing software many many years ago when I learned for myself how to nwtwork computers with select friends and family.

Dum *** companies cant they see it only hightenes one to purchase I still spend alot of money on music and Movies and listen to them and watch them online daily and they do not have a clue it seems...

The Illegality of Nation wide servers who use their services to transport such data are the truly ignorant ones.

Wake up you people there are easier ways to do it and stay completly under the radar.... I would not use a third party system or download from anyone I do not know in the first place why do people do such stupid stuff in the first place.

[lewiston14]

As if they would ever see $220,000. Good luck on that. You could sue me for $220 and you would never see a dime nor would I waste my money in court.

[hotwitch]

Since the recording industry is basically copying itself with all the sound-the-same music for the past 10 years, what are they complaining about?

[downsteamjim]

I hope that Judge Davis fines himself for the cost of this mistrial.