Judge Drops Financial Claims Against Jammie Thomas

By Dee Chisamera
15:53, September 25th 2008
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Judge Drops Financial Claims Against Jammie Thomas

On Wednesday, federal judge Michael Davis declared his previous decision on the Jammie Thomas case was wrong, by misleading the jury into thinking the defendant was guilty of copyright infringement.

While Jammie Thomas was being charged with copyright infringement after making 24 songs avalable on the Kazaa network, the court ordered her to pay $220,000, $9,250 for each song she made available.

However, judge Davis now declared it a mistrial, making Recording Industry Association of America lose another point in court, based on their lack of presenting the necessary arguments to win the case.

The Court wrote in last year's decision that the act of making copyrighted sound recordings available for electronic distribution on a peer-to-peer network, without license from the copyright owners, violates the copyright owners’ exclusive right of distribution, regardless of whether actual distribution has been shown.

Judge Davis decided to grant a new trial after what he called an “erroneous” trial that prejudiced Thomas's rights.

Furthermore, the new court order also demanded the Congress to amend the Copyright Act to address liability and damages in peer-to-peer network cases such as this one.

The decision also writes that the statutory damages awarded against Jammie Thomas are not deterrent against those who pirate music in order to profit. “Thomas's conduct was motivated by her desire to obtain the copyrighted music for her own use.”

The judge also made a clear distinction between Jammie Thomas's action and global financial firms who illegally infringe copyrights in order to profit in the securities market.




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