Thursday, September 25, 2008

Thomas case

ArsTechnica have reported that the Jammie Thomas case has been overturned. Thomas had previously been ordered to pay $220,000 in damages for sharing 24 songs.

Judge Davis of the United States District Court has held that the instructions given to the jury - that merely making files available without actual distribution is sufficient to base copyright infringement claims - were incorrect. The case will now be reheard. No decision was given with respect to the excessive finding of damages.

Further Reading
ArsTechnica, Thomas verdict overturned, making available theory rejected (24 September 2008) <http://arstechnica.com/news.ars/post/20080924-thomas-verdict-overturned-making-available-theory-rejected.html> at 25 September 2008

Capitol Records et al v Jammie Thomas, Civil File No. 06‐1497 (MJD/RLE)
<http://arstechnica.com/news.media/thomas-ruling-1.pdf> at 25 September 2008

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