Sorry about that long break without warning.  Christmas time was a bit busy and when it came time to write a post I was either otherwise engaged or worn out.  I should be picking it back up on a regular basis now, though I am playing with the idea of switching to once a week, probably Sundays, so that I can research my posts a bit more and give you something that is a little more original that what I’m putting out there for you now.  We’ll see how that goes, and I’ll make a post about that if it is what I choose to do.

Judge Michael Davis made the important distinction months ago that making files available to be shared through file sharing software such as Kazaa or Grokster is not the same as actually sharing music illegally over the internet.  Because of this distinction he declared a mistrial in the case of Jammie Thomas, who was being sued for $222,000 for illegally sharing music.  The judge is now holding to that decision by refusing to hear an appeal from the RIAA to allow the case to go to trial.

This gets Thomas out of a huge fine, and sets an important precedent for future cases where the RIAA is trying to sue consumers under the making-available idea.  Now the RIAA is forced to present actual evidence that a consumer has broken the law before suing the for breaking the law!

Posted by Wes Mueller on 12/29 at 12:48 PM  •   •  permalink