Home -> Law Blog Directory -> Podcasts Blogs -> InternetCases.com
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Podcasts
: InternetCases.comCourt reconsiders ?making available? in file-sharing case
By Brian Beckham
A U.S. District Court judge in Minnesota presiding over the case of Capitol Records Inc. v. Jammie Thomas has issued an Order breathing new life into the Defendant’s case.
Thomas was found liable for copyright infringement for activities over the KaZaA network, and had moved for either a new trial or lowering of damages on the ground that the amount of the jury award ($220,000 or 24 songs at $9,250 each) was excessive and a violation of Due Process. The Court’s Order however, stated that it was “contemplating granting a new trial for a different reason”, because Jury Instruction No. 15 which stated that that “[t]he 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” was contrary to prevailing case law. Specifically, the Court noted that binding Eighth Circuit precedent from National Car Rental System, Inc. v. Computer Associates Int?l, Inc., required that “[i]nfringement of [the distribution right] requires an actual dissemination of either copies or phonorecords…”
The Order notes that this precedent appears to require “actual dissemination” but that neither party brought this to the Court’s attention. The Order goes on to state that “at least one authority relied upon by Plaintiffs…Atlantic Recording Corp. v. Howell [blogged here], has since been vacated, and, on reconsideration, that court has now held that making sound recordings available for distribution is not actionable under the Copyright Act and that ‘actual distribution’ is required.” The Court invited amicus briefs on the issue, and will hear arguments in the case on uly 1, 2008.
Case is: Civil File No. 06?1497 (MJD/RLE)
Full post as published by InternetCases.com on May 16, 2008 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Comcast Agrees Tentative $16 Million Settlement in Consumer File Sharing Class Action
Comcast Agrees Tentative $16 Million Settlement in Consumer File Sharing Class Action
Furloughed Workers
File Employment Lawsuits
Washington Mutual Bank Collapse
May File for Bankruptcy
False Claims
Attorney Robert Arledge ordered to pay $5.8 million after making false Fen Phen settlement claims.
Personal Injury
Appeals Court Upholds Congressional Legislation
Ebay Fined
French Court Sets Fine at $61 Million

Swedish Man Convicted for Illegal-File Sharing
File-sharing programs allow breaches
D. Az.: Making Available Isnt Infringement
Some EU politicians support file sharing
Judge Tosses Out RIAA's First File-Sharing Conviction, Thomas Granted New Trial!
RIAA: 'We're Targeting Colleges to Make them More Aware'








