May 19, 2008 • 1 min read

Jammie Thomas P2P case may be retried

Judge Michael Davis is considering a retrial in the Jammie Thomas P2P case after doubting his advice to the jury that making files available was enough for infringement.

The long running Jammie Thomas P2P litigation over there in the US may still have some course to run.

As previously reported, Thomas was accused of infringing copyrights by sharing unlicensed music over Kazaa. Hers was the first P2P case to be heard by a jury, and that jury found her guilty last October, and she was ordered to pay the record companies $222,000 in damages.

But the judge who oversaw the case, Judge Michael Davis, has said he is considering offering Thomas a retrial because he thinks he may have incorrectly advised the jury. The issue on which he fears he got things wrong is one much discussed in P2P cases - whether making music available for distribution via P2P (ie moving the tracks into your Kazaa folder) in itself amounts to infringement, or whether the copyright owner has to prove the files were actually downloaded.

In the trial Davis advised the jury that making the files available was enough, but is now having second thoughts, mainly because another P2P court case - the previously reported case against Pamela and Jeffrey Howell in the Arizona courts - said actual distribution (ie download) of the files had to be shown.

The judge has asked both sides to provide their thoughts on the matter by 1 Jul on which Davis will decide whether to order a retrial. It may be that the RIAA has evidence that Thomas' files were download anyway (ie, it downloaded them), so the distinction could be irrelevant.

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