A retrial may be on the cards in the infamous Jammie Thomas filesharing case as the Recording Industry Association of America (RIAA) failed to reach a settlement with Thomas’’s lawyer Brian Toder. downloading music

“What they wanted to do, my client did not want to do” said Toder. Normally in filesharing settlements the RIAA or major label members demand that alleged filesharers make a promise of confidentiality so as not to share their experiences with the general public.

Of course, it is likely that Jammie Thomas, a Native American single mother of two and the first person in the US convicted of criminal copyright infringement for filesharing, has quite a story to tell.

In the absence of a settlement the RIAA is likely to go back to court. Although Thomas was originally found guilty and fined USD $222,000, Judge Michael Davis was forced to declare a mistrial some months later on the basis that he had falsely instructed the jury that it is illegal to make available copyrighted works regardless of whether it could be proved that anyone else downloaded the music. Though this is the case in certain countries around the world, in the US it’s still a matter of legal debate (the RIAA argued that the distinction between whether or not a user makes a file available or whether they simply downloaded the songs into an open folder is immaterial.)

 

 

Source: http://musically.com/blog/2009/05/14/retrial-likely-in-riaa-vs-jammie-thomas-case/

Posted by: Annechien Hardenberg

Advertisements