US Judge Calls For Change in Copyright Law, Orders New Trial In P2P Case
A federal court has called for a new trial in Thomas v. Capitol Records, calling the damages excessive and a pointed example for why the US Congress must take action to amend the Copyright Act to address liability and damages in peer-to-
peer network cases.
In the 44-page ruling, Michael Davis, chief judge for the US District Court of Minnesota, wrote that making a music file available in a shared file does not violate copyright law, and ordered a new trial.
Judge Davis wrote that the defendant is not a business. She is a single mother who did not profit from using the P2P service to download copyrighted music. She simply used it for her own purposes. The court wrote her actions were illegal and can not be condoned but the penalty is excessive for someone “who did not infringe in search of commercial gain.
Judge Davis wrote:
Unfortunately, by using Kazaa, Thomas acted like countless other Internet users. Her alleged acts were illegal, but common. Her status as a consumer who was not seeking to harm her competitors or make a profit does not excuse her behavior. But it does make the award of hundreds of thousands of dollars in damages unprecedented and oppressive.
He further called for a change in the US Copyright Act:
The Court would be remiss if it did not take this opportunity to implore
Congress to amend the Copyright Act to address liability and damages in peer-to-peer network cases such as the one currently before this Court. The Court begins its analysis by recognizing the unique nature of this case. The defendant is an individual, a consumer. She is not a business. She sought no profit from her acts. The myriad of copyright cases cited by Plaintiffs and the Government, in which courts upheld large statutory damages awards far above the minimum, have limited relevance in this case. All of the cited cases involve corporate or business defendants and seek to deter future illegal commercial conduct. The parties point to no case in which large statutory damages were applied to a party who did not infringe in search of commercial gain.
The Thomas case is a longstanding one that has received national attention. It was the first P2P case to go all the way to trial. It centered around Jammie Thomas, a single mother who the court found guilty in October, 2007 of illegally downloading music. She was fined $220,000.
The RIAA banked heavily on the case, hoping it would justify their long term strategy for investing heavily in litigation against everyday consumers. The RIAA has repeatedly calmed that it does not matter if the defendant is a consumer or a business. Those who illegally download music are pirates and must be held accountable for significant financial penalties.
The RIAA won in the first round but earlier this year, Judge Davis reconsidered his ruling stating that he may have erred in his instructions to the jury. He asked for more briefing on whether Thomas deserved a new trial. The EFF and other industry groups wrote an amicus brief, asking the court to reject the RIAA’s assertions that Thomas made the copyrighted recordings available and this must be held to the rule of the law.
No date has been set for the new trial.
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