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Jammie Thomas Appealing RIAA Trial Judgment, Keeping Up Her MySpace Blog

Last week, a jury that we are not a fan of awarded the RIAA $222,000 for 24 songs shared via Kazaa. The first RIAA lawsuit brought to trial, it sets a pretty lousy precedent and it's seen as a big ol' victory for the freedom-haters that rep the major labels. Jammie Thomas, the woman who lost the court battle, isn't done fighting yet, however: she's gonna appeal the decision.

Her appeal is going to hinge on jury instruction no. 15, which told jurors that she could be found guilty even if it couldn't be proved that anyone actually downloaded the tracks she was sharing. Whether or not just making something available counts as distribution is a murky issue, one that doesn't have a clear precedent.

As Thomas so eloquently explains on her MySpace blog (sigh), her lawyer laid it all on the table in a CNN interview:

During the interview, he was asked what the next step is. I figured he would give the same answer I have given many, many times already in numerous interviews; "we're still strategizing about what our next options are." Standard lawyer speak if you will. But surprise, surprise, my attorney announced, on national television, with the RIAA watching I'm more than certain, we're going to appeal!!! That's right, you read that correctly: WE'RE GOING TO APPEAL!!! I could have kissed Batman when I heard that.

He explained how we're going to take the RIAA's theory of making available and appeal it. He also explained how if we win, this would stop the RIAA dead in their tracks!!! Every single suit they have brought has been based on this making available theory, and if we can win this appeal, they would actually have to prove a file was shared and by someone other than their own licensed agent (read MediaSentry).

It seems strange to me that her lawyer would announce that she's appealing on national TV without telling her first, but I guess Batman, Esq. is in control at this point, which seems like it's for the best. I guess. We'll keep you updated on the progress of Batman the lawyer and the MySpace blogger's quest to take down the RIAA as it happens. [Ars Technica]

1:56 PM on Mon Oct 8 2007
By Adam Frucci
6,893 views
30 comments

Comments

  • DO IT, support x1000

  • woo! it's be awesome if she winds this. the RIAA really needs it to be stopped. it's getting insane.

  • Jammie Thomas & Batman: The greatest client/lawyer team since Raoul Duke & Dr. Gonzo? Discuss.

  • The only winners in this whole mess are the attorneys and safenet. sad

  • If people had to pay $1 for every song on their mp3 player, we wouldn't need 160GB players.
    You'd have to work a year just to make the $44,000.

    The bands/artists aren't seeing this money anyway. The RIAA people make their money on distribution and that isn't needed anymore. So, let's get rid of them.

    We'd have some awesome music if artists could record their own album. Upload it to iTunes. Have iTunes charge $3 per album. They can keep $2 and the band gets the other $1.

    I'd pay $3 knowing it goes to the artist and not some suit with a contract and ownership rights. (bunch of a-holes)


  • yeah there is a reason the historic record shop in Downtown NY closed down, cause people aren't buying 20 cds any more, Wally World even says people aren't buying 14.99 cds any more... I would pay 14 if I knew it was going to the band... which is why I download LEGALLY....

  • I was about to come in here and say that even though I hate the RIAA, she still deserved to be found guilty.

    But then I read the part about jury instruction 15, and now I'm on her side and I think she has a good shot. That seems really bold and foolish of the judge to give such an instruction.

    Taking that line of thinking to the extreme, I could be found guilty of accessory to murder if I left a knife laying on my front porch. Nobody took the knife, and no murder was commited, but the knife was available.

  • I could understand the judge being ignorant about the technology, the lawyers only representing their side of the story but there is no excuse for the jury being this stupid! If a prerequisite of the trial is have a "jury of your peers" then that jury HAD to be knowlegeable regarding P2P and file sharing and by extension, at least a passing knowledge of networking. Even with this little bit of knowledge, there are too many holes in the RIAA's arguments for them to win.

    The defendant's lawyers didn't know what they were doing when selecting the jury and this probably the reason why the case was lost.

  • Much like I donated to the dry cleaners being sued by the administrative Washington, D.C. judge, I'd be only too happy to donate to this cause.

  • may this be the first of many appeals against the RIAA

    By the way, We need an alternate meaning to the acronym RIAA... suggestions?

  • Hmmm I agree with this appeal angle. It's like saying if I leave a book or CD laying about, I'm making it available to people to copy.

  • ROM sites have gotten away with stuff like this for a long time because they make it available but up to you to download if you own the game... I'm wondering if that is indead legal and could extend to this sort of thing.

  • How about Rich Industrious Annelids of America

  • batman? i take it 'Harvy Birdman attorney at law' wasn't available.

  • Dude, the funny thing is, while this trial is going on, Millions of Music Files are still being downloaded.

    Kazaa Sucks.

  • I would donate to this cause as well..

  • @KingSnakeX4:

    Really Ignorant Art Appropriators

  • Here's a theory for the defense team..Millions of copyrighted songs are made available daily for the public to copy for free...right from your local library. If she's guilty for making songs "available", then so is every library that carries music in the USA. If you don't have to prove that someone actually copied the music, then all libraries are guilty just for allowing you to check out copyrighted materials.

  • @Bender: With the instruction #15: Where she presumably is guilty of distribution by making it available. Couldn't the same be said, in turn, about Kazaa? I mean if she is guilty by default for making the files available, how is that different from what Kazaa did?

  • Righteously Indignant Attorney-ed Assholes.

  • Also how does Sony BMG's own "musicbox" site not have that "availability" problem? Can't we just play a video or song from their site and record/save it? Aren't they making files available for us to copy? Is it only illegal if I use non-sony hardware and software to make these copies? so confused.

  • Like it or not, the problem is not the RIAA, or people sharing music -- the problem is the DMCA of 1998. Therefore, the solution is for our politicians to undo the damage of that legislation.

  • woah, woah, woah, woah, woah, woah, woah, woah, woah, woah, woah, woah..... her lawyers name is batman?

    they should call in the rest of the justice league to clean up this mess.

  • I'm no expert, but I've studied psychology and the law, and my money's on the fact that jury selection effed this up for her. Anybody who knows anything about p2p is probably disallowed from the jury, because let's face it, anyone who has used p2p has pirated, and is thus, biased. Thus, only people living under rocks were likely in the jury, and they were thus easily manipulated by expensive RIAA lawyers into making a bad decision.

    Also, can I just say that she will win her appeal? That definition of piracy is BLATANTLY false. by that definition, piracy can occur when no files have been copied or shared. that is false, according to the dictionary and law books.

  • Muaa ha ha ha ha haaaaaaaaaaa! Dirty Robbers of Music are going down. Too bad the jury was full of regular people who don't like robbers. Guess you're stuck with Radio Head shite and indi crapola.

  • @Monty: i'm saddened that your valid point is lost in the sea of crap.

  • @norfizzle: "I would donate to this cause as well.."

    I've donated money before. I've donated to causes. This is not a cause.

  • @jerrt: Exactly. Why are people wasting their time here talking about donating, and causes, and DRM, when the real issue is that her lawyer's name is Batman???? Come on people.

  • I may be wrong, but I'll bet many people who own a radio also own a tape recorder. That doesn't necessarily mean if a station airs a copyrighted song that someone will copy it. But you can't deny that when a song plays on the radio, it IS available. Are they going to go after radio stations next?

  • She looks sorta smug.

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