First RIAA P2P Infringement Trial Underway

Why, it's been four long years since the RIAA first started threatening to sue individual users of peer-to-peer (P2P) file-sharing networks, and finally, on October 2, 2007, the first of those suits (now 30,000 of them or more) has gone to trial.

Opening arguments began today in Duluth in the federal case against Jammie Thomas, which is suing her for $4 million for copyright infringement of 25 songs she allegedly shared on the Kazaa network in 2005. (The total number of files actually included 1,700 songs, but the RIAA is obviously trying not to appear too greedy. Federal law lets them sue for damages of $150,000 per song, a theoretical total of $255 million for all 1,700.) Thomas is a single mother.

It took all of 70 minutes to select the jury this morning, none of whom are P2P users and several of whom don't even have a computer. Then the case got underway.

I won't rehash the details of the case too much here. The RIAA says she shared the songs. Thomas says she didn't. All 12 jurors need to find Thomas liable for the crime to stick her with up to the full amount of the fines. There's really no way of telling which way the case will go, but experts expect it to be a short trial regardless. Then there's always the appeals process...

There's a lot riding on this case, as it will establish a precedent no matter what the outcome. The RIAA has gone to extreme lengths to keep out of the courtroom, likely for fear that it will appear greedy and malicious when asked to justify damages of $150,000 for a single shared song. Meanwhile, plaintiffs like Thomas are awfully sympathetic, especialy considering the RIAA has a history of suing the wrong people, some of whom are not even alive. Who knows which way the jury will decide.

It's conceivable this case could be decided by the end of the week. I'll post an update here when that happens. Meanwhile, the best place to follow the action is over at Wired's Threat Level blog.