Federal Judge Declares Mistrial in RIAA Suit

DULUTH, Minn. — In declaring a mistrial in a copyright infringement case brought by the Recording Industry Association of America, a federal judge waved away one way for the RIAA to win cases while providing another.

U.S. District Judge Michael Davis nullified a $222,000 jury award to the RIAA. In ruling, Davis said that he shouldn't have told jurors that having copyrighted music in a shared folder was illegal.

The decision came as a part of the case Capitol vs. Thomas, the RIAA's first file-sharing copyright infringement case. The defendant is Jammie Thomas, a single mother of two children from Brainerd, Minn.

Instead, Davis said that in order to successfully prosecute a copyright infringement case, the RIAA would have to show that "actual distribution" happened.

But more than that, Davis said that any files downloaded by the RIAA from Thomas' shared files folder could "form the basis of an infringement claim."

Minneapolis attorney Brian Toder, who represents Thomas, said that despite the initial victory, the larger decision hurt his client. He also argued that downloads made by the RIAA as a part of their investigations shouldn't count against defendants.

In Thomas' case, the RIAA instructed its investigative arm, known as MediaSentry, to download the files.

"One can either have an infringement by violating reproduction rights or by distribution," Toder said. "According to that opinion, there is still a violation of a distribution right if your own people, MediaSentry, does the downloading. That doesn't help us."

In related news, last week the U.S. Senate unanimously passed a bill that would increase federal protection for intellectual property. The bill will give the Justice Department resources to prosecute cases of alleged intellectual property theft.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

U.S. Solicitor General to Participate in FSC v Paxton

The Supreme Court on Monday granted a motion by the U.S. solicitor general to participate in Free Speech Coalition v. Paxton, the case challenging Texas’ controversial age verification law.

Judge Pauses Lawsuit Over Indiana AV Law

A U.S. district court judge has paused a lawsuit over Indiana’s age verification law, pending the Supreme Court's ruling in the Free Speech Coalition-led challenge to Texas’ age verification law, HB 1181.

ASACP Urges Compliance With UK Online Safety Act

LOS ANGELES — The Association of Sites Advocating Child Protection (ASACP) has issued a statement advising adult companies to prepare to comply with the age assurance provisions of the U.K.'s Online Safety Act, which go into effect in 2025.

Pornhub Rejects Claim It Plans to 'Avoid' Age Verification in UK

Pornhub parent company Aylo told XBIZ on Monday that a recent report claiming the site will use a “loophole” to sidestep age verification requirements under the U.K.’s Online Safety Act is “misleading,” and that the company will always ensure its sites are compliant.

FSC Sues Tennessee Over AV Law, Seeks Preliminary Injunction

Free Speech Coalition, along with a group of adult industry stakeholders, has filed a legal challenge to Tennessee’s age verification law and requested an expedited preliminary injunction against enforcement.

Satisfyer Helps Dutch Police Dismantle Counterfeit Network

Satisfyer has teamed up with Dutch authorities to help dismantle a counterfeit network that sold fake products online, including items purporting to be the brand's Pro 2 and Penguin vibrators.

Indiana, Ohio AGs File Amicus Brief in Support of Texas AV Law

Indiana Attorney General Todd Rokita, along with Ohio Attorney General Dave Yost and officials from 22 other states, on Friday filed an amicus brief with the United States Supreme Court in support of Texas’ controversial age verification law.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

Show More