Defendant May Get New Trial In File-Sharing Case
May 15, 2008 at 12:52 PM (PT)
The woman who got hit with a $222,000 judgment after losing her file-sharing case to the RIAA may get a new trial after the judge issued an order calling for a hearing on whether his jury instructions were erroneous.
JAMMIE THOMAS had moved for a new trial in CAPITOL V. THOMAS, but Judge MICHAEL J. DAVIS called for a hearing on whether putting a song on the Net available for others to download was enough for a copyright violation or whether actual downloading by others needs to be proven. DAVIS cited an earlier Eighth Circuit case, which had not been raised by either side in the THOMAS case, appears to require actual distribution for a violation.
Oral arguments are set for JULY 1st in the matter.