New trial set in RIAA vs. Jammie Thomas case

U.S. District Court Judge Michael Davis dismissed a $220,000 verdict won by the Recording Industry Association of America (RIAA) against Jammy Thomas, who was convicted of sharing copyrighted music files using Kazaa.

The next step involves a new trial where the RIAA must prove Thomas actually distributed the music files.  Specifically, Judge Davis had to think about whether or not people actually downloaded the songs from Thomas, or if simply making the files available for download was enough.

Last year, Judge Davis told the jury that simply offering music files available through a peer-to-peer network was enough to show unauthorized distribution even if no one else downloaded the music files.  In August, however, he admitted he could be wrong, which led him to throw out the verdict and issue a new trial.

Thomas made 24 songs available, equivalent of three CDs worth about $54, and the judge figured out the $222,000 fine was "wholly disproportionate."

RIAA officials were not surprised by the judge’s decision, but still believe the organization will be able to win its case against Thomas.

Thomas remains the only person to take her copyright infringement case to trial.  The case also led to the judge to request Congress to change the Copyright Act, in an effort to make sure monetary damages are not awarded in P2P cases described as "unprecedented and oppressive."

In 2007, the RIAA filed more than 26,000 lawsuits against alleged file sharers accused of copyright infringement.