Feeds

World's dumbest file-sharer: Judge to the rescue

Verdict may be nullified

Choosing a cloud hosting partner with confidence

The Judge who presided over the first successful prosecution of an American P2P file sharer has hinted that he has changed his mind - and may nullify the trial.

Jammie Thomas sold her knickers online (see pic) after being convicted of copyright infringement last year. A jury of her peers in Duluth, Minnesota wasn't impressed by what they regarded as a time-wasting trial, when she should have copped to a small fine:

"Her defense sucked... I don't know what the fuck she was thinking, to tell you the truth," said jury member Michael Hegg at the time.

Stuff the RIAA! Jammie Thomas fund-raising thong

Jammie Thomas fundraising thong

But now Judge Davis thinks that the basis of the record companies' pursuit of file-sharers sucks, too. It hinges on the prosecution's use of the "making available" argument. Last October, the prosecution successfully argued that leaving songs in a shared folder on a network means making them available, leaving the sharer liable for infringement damages. That's what Judge Davis told the Duluth jury, too. The problem is, the Copyright Act doesn't use the words "making available".

What the Act does do, however, is define five exclusive rights in the copyright 'bundle': Reproduction, adaptation, publication, performance and display. And for sound recordings, it defines "publication" as "offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display".

Which seems clear enough.

But the courts have expressed differing views on the matter. Within the space of a fortnight earlier this year, we saw two courts accept the argument that shared folders aren't publication while another rejected it. (See Is sharing a folder copyright infringement?.)

Choosing a cloud hosting partner with confidence

More from The Register

next story
WHY did Sunday Mirror stoop to slurping selfies for smut sting?
Tabloid splashes, MP resigns - but there's a BIG copyright issue here
Spies, avert eyes! Tim Berners-Lee demands a UK digital bill of rights
Lobbies tetchy MPs 'to end indiscriminate online surveillance'
How the FLAC do I tell MP3s from lossless audio?
Can you hear the difference? Can anyone?
Google hits back at 'Dear Rupert' over search dominance claims
Choc Factory sniffs: 'We're not pirate-lovers - also, you publish The Sun'
EU to accuse Ireland of giving Apple an overly peachy tax deal – report
Probe expected to say single-digit rate was unlawful
Inequality increasing? BOLLOCKS! You heard me: 'Screw the 1%'
There's morality and then there's economics ...
While you queued for an iPhone 6, Apple's Cook sold shares worth $35m
Right before the stock took a 3.8% dive amid bent and broken mobe drama
prev story

Whitepapers

A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.