First RIAA P2P Infringement Trial Underway

Tue Oct 2, 2007 10:44PM EDT

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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

Comments on First RIAA P2P Infringement Trial Underway

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  • 1 Posted by rogueist on Thu Sep 3, 2009 8:49PM EDT Report Abuse

    Mmm, after reading what the Sony execs said, I hope her lawyer is on the ball and can rip into the false statements the Sony exec said.

  • 2 Posted by osprey1892 on Thu Sep 3, 2009 7:46PM EDT Report Abuse

    Does not sound like a fair trial to me. In The United States of America you are entitled to a jury of your peers. I see the jury has not 1 p2p user which would indicate not 1 single peer. So guess who can afford to buy this trial the single mother or RIAA.

  • 3 Posted by rapmetal47 on Thu Sep 3, 2009 8:29PM EDT Report Abuse

    The RIAA are selfish, greedy pigs that hurt the arists' rights and creativity. They're(the RIAA)in it for the money.

  • 4 Posted by agustin2489 on Thu Sep 3, 2009 2:47PM EDT Report Abuse

    ...Lovely. I can always go on and on about how terrible the RIAA has been but the last few commenters have already done that for me. The only real solution is that a new business model keeping both parties *relatively* happy should be made.

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