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Media Law Prof Blog (Free subscription) | 09/30/2008
U. S. District Court Judge Michael J. Davis has reversed the verdict in Capital Records v. Thomas, saying that it had erred in instructing the jury, and is therefore granting Ms. Thomas a new trial. The disputed jury instruction, requested...
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FinanMart.com - IT News (Free subscription) | 09/26/2008
The Verdict Is Out in Jammie Thomas Case Renay San Miguel 09/25/08 1:38 PM PT A judge has thrown out the $222,000 verdict against Minnesota mom Jammie Thomas, who was sued by the Recording Industry Association of America for music file-sharing. In making the ruling, Judge Michael J. Davis overturned the verdict on the grounds that he gave jurors bad instructions in the original trial....
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The Daily Swarm (Free subscription) | 09/25/2008
A $222,000 verdict won by Vivendi SA’s Universal Music Group and other record labels against the first person to challenge online music-piracy claims at trial was thrown out, leaving the companies to reargue the case. U.S. District Judge Michael J. Davis in Duluth, Minnesota, yesterday set aside the verdict against Jammie Thomas and said the 31-year-old mother deserved a new trial partly...
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Recording Industry vs The People (Free subscription) | 09/25/2008
In Capitol v. Thomas , District Judge Michael J. Davis has set aside the jury's $222,000 verdict and ordered a new trial, ruling that his jury instruction -- which accepted the RIAA's "making available" theory -- was erroneous. He also rejected the 'offer to distribute' theory. Although he did not formally reach the arguments going to the excessiveness of the damages, he had this to say...
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EXCESS COPYRIGHT (Free subscription) | 09/25/2008
In a very important decision in the Jammie Thomas case, Judge Michael J. Davis, the Chief Judge of the U. S. District Court for the District of Minnesota has has granted Jammie Thomas a new trial. He held that he had erred in the notorious jury instruction #15 and that there is no "making available" right in the USA. There must be proof of actual dissemination. The Court ruled that the...
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Globe and Mail (Free subscription) | 09/25/2008
... network. She was ordered to pay $222,000 to six record companies.On Wednesday, U.S. District Judge Michael J. Davis granted her motion for a new trial, while also imploring Congress to change copyright laws to prevent excessive awards in similar cases.At issue was whether the record companies had to prove anyone else actually downloaded their copyrighted songs, as Thomas' lawyer argued,...
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Physorg (Free subscription) | 09/25/2008
Jammie Thomas was convicted last October and a jury in Duluth found her guilty of copyright infringement for offering to share 24 songs on the Kazaa file sharing network. She was ordered to pay $222,000 to six record companies. On Wednesday, U.S. District Judge Michael J. Davis granted her motion for a new trial, while also imploring Congress to change copyright laws to prevent excessive...
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Ars Technica (Free subscription) | 09/25/2008
Related Stories Jammie Thomas is off the hook—at least for the time being. Judge Michael J. Davis has overturned a federal jury's and award of $222,000 in damages to the RIAA. The verdict was handed down last October after a three-day trial and a few hours of deliberations. Judge Davis determined that he gave the jury on the question of whether making a file available for download...
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Examiner (Free subscription) | 09/25/2008
... network. She was ordered to pay $222,000 to six record companies.On Wednesday, U.S. District Judge Michael J. Davis granted her motion for a new trial, while also imploring Congress to change copyright laws to prevent excessive awards in similar cases.At issue was whether the record companies had to prove anyone else actually downloaded their copyrighted songs, as Thomas' lawyer argued,...
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Boston Globe (Free subscription) | 09/25/2008
... network. She was ordered to pay $222,000 to six record companies.On Wednesday, U.S. District Judge Michael J. Davis granted her motion for a new trial, while also imploring Congress to change copyright laws to prevent excessive awards in similar cases.At issue was whether the record companies had to prove anyone else actually downloaded their copyrighted songs, as Thomas' lawyer argued,...
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Seattle Post-Intelligencer (Free subscription) | 09/25/2008
... network. She was ordered to pay $222,000 to six record companies.On Wednesday, U.S. District Judge Michael J. Davis granted her motion for a new trial, while also imploring Congress to change copyright laws to prevent excessive awards in similar cases.At issue was whether the record companies had to prove anyone else actually downloaded their copyrighted songs, as Thomas' lawyer argued,...
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StarTribune.com (Free subscription) | 09/25/2008
MINNEAPOLIS - A judge has granted a new trial to a Brainerd woman convicted of pirating music files.Jammie Thomas was convicted last October in the first-ever file-sharing trial. A jury in Duluth found her guilty of copyright infringement for offering to share 24 songs on the KaZaA file sharing network. She was ordered to pay $222,000 to the record industry.On Wednesday, U.S. District Judge Michael...
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Star Tribune (Free subscription) | 09/25/2008
MINNEAPOLIS - A judge has granted a new trial to a Brainerd woman convicted of pirating music files.Jammie Thomas was convicted last October in the first-ever file-sharing trial. A jury in Duluth found her guilty of copyright infringement for offering to share 24 songs on the KaZaA file sharing network. She was ordered to pay $222,000 to the record industry.On Wednesday, U.S. District Judge Michael...
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Star Tribune (Free subscription) | 09/12/2008
On Thursday, the 31-year Cottage Grove man pleaded guilty in federal court to one count of trafficking in stolen property before U.S. Chief Judge Michael J. Davis in Minneapolis. He will be sentenced at a later date, but officials said he faces a maximum penalty of 10 years in prison. According to a preliminary agreement with prosecutors, he could serve 12 months to 18 months in prison,...