Webtrends Tracking Code
 
UK Home >  OUT-LAW News >  News Archive >  2007 >  October 2007 >  RIAA hits paydirt: wins first music-sharing jury trial

RIAA hits paydirt: wins first music-sharing jury trial

OUT-LAW News, 04/10/2007

The Recording Industry of America today won its first jury trial against an individual accused of illegally downloading music.

By Austin Modine in Mountain View for The Register. This story has been reproduced with permission.

A federal jury fined Jammie Thomas, 30, of Minnesota $220,000 in damages to the six record labels suing her for copyright violation. Thomas will pay $9,250 for each of the 24 songs the prosecution focused on for the case. The RIAA alleges she shared over 1,702 songs in all over the Kazaa peer-to-peer network. Read more about the case here.

Thomas denied any wrongdoing over the course of the three day trial. Her attorney, Brian Toder, argued that although the prosecution had fingered her screen name and IP address, they had little proof it was Thomas behind the keyboard — or that music was actually shared with anyone over the account. Toder suggested Thomas may have been victim to a spoofer, cracker or other malicious intrusion of her home network.

US District Judge Michael Davis ruled the labels did not have to prove the songs were transfered for Thomas to be held liable. The act of making the songs available is enough to constitute copyright infringement, he said.

Davis instructed the 12-member jury the range of the fine was $750 to $150,000 per song.

Attorney for the record companies, Richard Gabriel, spoke with reporters outside of the courthouse after the verdict. He said the RIAA will continue to aggressively pursue those it suspects of copyright violations.

"This is what can happen if you don't settle," Gabriel said.

© The Register 2007

 

 

OUT-LAW Recommends

Free OUT-LAW seminars
- Making your contract work
- Information security
Six cities, October & November

This week's podcast
Are ISPs about to betray our trust?

Winner at 2008 Webby Awards

OUT-LAW star: link to the home page
Disclaimer: This was printed from OUT-LAW.COM, a service of international law firm Pinsent Masons. We hope you find this content useful. However, please note that nothing in this document constitutes specific legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter. Any questions, please email info@out-law.com.