Judge: RIAA appeal in file sharing case refused

30 Dec 08 06:28 by Randomus in category Uncategorized To news archive

The Recording Industry Association of America (RIAA)’s appeal in the Jammie Thomas case has been denied, which could bring the long legal case to a rather anticlimactic end.

U.S. District Judge Michael Davis originally threw out the verdict a few weeks after a jury found her guilty of copyright infringement when she was offering more than 1,700 songs in her shared folder.  The jury ultimately forced Thomas to pay up to $220,000 to the record labels, though that ruling was thrown out by Judge Davis.

The RIAA tried to convince the court that simply offering a copyrighted music song in a shared folder — where people could have potentially downloaded the track — was the same as copyright infringement.  The judge took a second look at the case and decided that simply offering the tracks simply isn’t enough evidence of copyright infringement.

Rather than take Thomas to trial again, the RIAA’s lawyers hoped the case would be ruled a mistrial.

This case has been exciting to watch unfold, as Thomas remains the only person actually charged with copyright infringement by the RIAA.  The U.S. music trade group has filed more than 25,000 John Doe lawsuits across the country against alleged fiile sharers, with most people electing to pay a fine any where from $2,000 up to $8,000.

As the RIAA prepares to transition away from invidiual lawsuits more towards forcing ISPs to police their users, this could be the only time the RIAA actually brings someone to court over alleged copyright infringement.

3 Comments

Randomus
Posts: 2416
Posted on: 30 Dec 08 07:30
RIAA is now 0 for 1 when it comes to actually taking people to court, but don't expect to see the final handful of people being sued to follow in Jammie's foot steps, IMO.

It'll be interesting to see how the RIAA works with the law designed to put more pressure on the ISPs.
Vbritt
Posts: 37
Posted on: 02 Jan 09 21:19
I just wish that more people would have had the resources to take their case to court. If they had then perhaps these ridiculous law suits would have stopped sooner.

I don't download or swap any songs, but the entire concept of suing your customer's has caused me to boycott the entire music industry. It will be a long, long time before I buy a music CD. The music industry should have figured out a business model where they could have made a profit using the peer to peer sofware. If the price had been right then I don't believe that you would have had any problem with pirating.
guest
Posts: 15284
Posted on: 04 Jan 09 15:30
I personally think that p2p software is the same thing as recording your favorite song from the radio, or having your friend make a copy of the new CD they just bought. The music "people" lose money that way, too, but no one is ever brought to court over it. It's just one of the Seven Sins rearing it's ugly head. (greed)

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