Gadgets, Computers, and Internet

U.S. District Court Judge Michael Davis advised the lawyers that he could authorize a new trial in the case of violation of copyright Dzhemmi Thomas. The reason for the retrial could be that Davis wrongly instructed jurors last October on the notion of illegal file on the Internet, the Star Tribune. In particular, in the words of the judge, he could prevent the "obvious error in law" when determined that the mere vykladyvanie songs in file-sharing networks can be regarded as illegal dissemination kopiraytnyh materials, even if he does not have evidence that someone downloaded these files.

Thirty resident of Minnesota Dzhemmi Thomas was accused of violating copyright on the songs of 1702 in October 2007. Woman their guilt has not recognized and refused to negotiate with the RIAA settlement agreement. As a result, the case was sent to the court, and in early October, the jury recognized Thomas guilty of copyright infringement by 24 songs. At the respondent was fined U.S. $ 222000 (in 9250 dollars for each of the songs).

Lawyers Dzhemmi Thomas felt the amount of the fine amount imposed unjustified and unconstitutional and filed a petition in court. They also noted that "demand compensation in excess of actual amount of losses is punishable" and reminded that no one except the RIAA is not representative of downloaded music from a PC Thomas, and in accordance with federal law on copyright, the amount of loss is calculated on the basis of the number of illegally downloaded songs Rather than the number of downloads of songs.

RIAA responded to the motion that Thomas agreed with the decision and the jury was aware of the possibility of recovery with their large fine, so its current claims are unfounded. After that, and the Ministry of Justice rejected all arguments and Thomas stated that the compensation set by the Law on copyright, not only provides cover all losses right, but is a "tool of intimidation" copyright infringer.

Now, Michael Davis ordered by 29 May this year lawyers Dzhemmi Thomas and recording companies have provided to the court regarding the case notes that the judge was wrong in the definition of illegal file or not. July 1 in the District Court Duluta Davis intends to hear oral arguments of the parties. In addition, the judge noted the importance of this case for the music industry and millions of users of file-sharing networks and recommended "interested parties" also tried to present their evidence amicus curiae by the end of May.

Trial litigation Dzhemmi Thomas attracted public attention because Minnesota became the first resident of 26000 persons accused of piracy RIAA, whose case came to court. First, most defendants prefer to enter into settlement agreements and recording studios pay thousands of dollars for breach of copyright.