Is This The Final Elbow?
As <A
HREF="http://www.stereophile.com/news/100807jammie/">we reported</A> almost a year ago, US District Court Judge Michael Davis awarded record labels $220,000 in damages for Jammie Thomas' having posted digital files to the KaZaa peer-to-peer site. To date, that has been the RIAA's sole victory in its prosecution of file sharers and it hinged upon an instruction Judge Davis gave the jury, specifically Jury Instruction 15, which said that Capitol Records did not have to prove anybody downloaded the songs, only that Thomas had posted them. This is known as the "making available" argument and was vigorously opposed by Thomas' lawyer.