GNG News Guy
06-20-2008, 11:18 AM
http://i.dslr.net/urls/97/4297.gif (http://www.dslreports.com/shownews/Law-Professors-Want-New-Trial-for-First-RIAA-Trial-Win-95439)
Last fall RIAA got a big win in the courts when Jammie Thomas was ordered to pay over $200,000 in fines just for making available music downloads for sharing. Recently, the judge in that case said that he was considering giving that trial a second chance (http://www.dslreports.com/shownews/94484) because nationwide cases indicate that solely making the files available for distribution (with no proof that they were actually distributed) isn t actually a crime. A group of lawyers has submitted a brief (http://arstechnica.com/news.ars/post/20080619-profs-tell-thomas-judge-making-available-isnt-distribution.html) for the judge s review which does indeed suggest that a new trial should be granted because of this issue. This doesn t mean that Thomas would be in the clear; she could still be found in violation of copyright infringement even if a new trial is granted but she would get a second chance to prove her side of the case. In the meantime, RIAA continues to target college students (http://hamptonroads.com/2008/06/illegalmusic-crackdown-targets-students-wm) in suits it thinks it can win but is increasingly likely (http://www.dslreports.com/shownews/RIAA-Drops-Case-That-Hinges-On-Making-Available-Issue-95302) to drop cases (http://www.afterdawn.com/news/archive/14548.cfm) where the win isn t so clear.
Last fall RIAA got a big win in the courts when Jammie Thomas was ordered to pay over $200,000 in fines just for making available music downloads for sharing. Recently, the judge in that case said that he was considering giving that trial a second chance (http://www.dslreports.com/shownews/94484) because nationwide cases indicate that solely making the files available for distribution (with no proof that they were actually distributed) isn t actually a crime. A group of lawyers has submitted a brief (http://arstechnica.com/news.ars/post/20080619-profs-tell-thomas-judge-making-available-isnt-distribution.html) for the judge s review which does indeed suggest that a new trial should be granted because of this issue. This doesn t mean that Thomas would be in the clear; she could still be found in violation of copyright infringement even if a new trial is granted but she would get a second chance to prove her side of the case. In the meantime, RIAA continues to target college students (http://hamptonroads.com/2008/06/illegalmusic-crackdown-targets-students-wm) in suits it thinks it can win but is increasingly likely (http://www.dslreports.com/shownews/RIAA-Drops-Case-That-Hinges-On-Making-Available-Issue-95302) to drop cases (http://www.afterdawn.com/news/archive/14548.cfm) where the win isn t so clear.