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MINNEAPOLIS: A Minnesota woman ordered to pay $222,000 in the first music download trial in the United States may get another chance with a jury.
The issue is whether record companies have to prove anyone else actually downloaded their copyrighted songs, or whether it is enough to argue that a defendant made copyrighted music available for copying.
The recording industry has sued thousands of people who shared music online, and has argued that all they have to prove is that the defendant made the music available. They compared it to someone displaying pirated DVDs for sale on a table.
Music-sharers have argued that the only proven downloaders of their music were investigators working for the record companies themselves.
That was the case in the trial last fall of Jammie Thomas of Brainerd. A U.S. district court judge, Michael Davis, instructed jurors that making sound recordings available without permission violates record company copyrights "regardless of whether actual distribution has been shown."
On Thursday, Davis said that may have been a mistake.
He wrote that he found a 1993 ruling from the 8th Circuit Court of Appeals, which covers Minnesota, that said infringement requires "an actual dissemination of either copies or phonorecords."
Davis wrote that neither side presented that earlier decision to him. He is going to allow both sides to make oral arguments on July 1 in Duluth, where the trial was held.
Record companies have sued at least 26,000 people for distributing music online. Some cases have been dismissed, and many defendants settled for a few thousand dollars. Thomas, who makes $36,000 a year working for the Mille Lacs Band of Ojibwe, was the first to take the record companies all the way to a trial.
Jurors ordered her to pay $222,000, which was $9,250 for each of the 24 songs record companies brought up in her trial. The original lawsuit accused her of offering 1,702 songs on the Kazaa file-sharing network.
Thomas has not yet had to pay the verdict while it has been on appeal, her attorney, Brian Toder, said Thursday. Toder had asked for a new trial because he said the $222,000 verdict was unconstitutionally out of proportion to the damages against the record companies.
A record company attorney, Richard Gabriel, did not immediately return a phone message seeking comment.
http://www.iht.com/articles/2008/05/15/technology/webmusic.php
