Press Releases related to File Sharing
EFF Urges Judge to Grant New Trial for Jammie Thomas
Court To Reconsider Baseless 'Making Available' Theory In File-Sharing Case
San Francisco - The Electronic Frontier Foundation (EFF) and a coalition of consumer and industry groups have asked a judge to grant a new trial to Jammie Thomas, who was hit with a $222,000 judgment in a file-sharing lawsuit based in part on the recording industry's bogus "making available" theory.
Thomas' trial and the staggering financial penalty made headlines around the world. In the case, the Recording Industry Association of America (RIAA) sought to hold Thomas liable for unauthorized distribution of digital music over the Internet without having to prove that anyone actually downloaded songs from her. The RIAA argued that simply making the songs available in a shared folder on her computer was enough to impose penalties, and a jury found Thomas liable for $220,000 in October of 2007.
But earlier this year, the judge in the case said he was concerned that he might have made a mistake when he followed the RIAA's reasoning in his jury instructions and asked for more briefing on whether Thomas deserved a new trial. In an amicus brief filed today, EFF argues that the RIAA cannot take shortcuts when it takes music fans to court.
"The Copyright Act simply does not allow suing someone for attempted copyright infringement," said EFF Staff Attorney Corynne McSherry. "If the RIAA wants to continue with its mass litigation campaign, it's going to have to invest the time and resources to actually prove those cases -- if it can -- by showing that infringement actually occurred."
The RIAA has sued more than 20,000 individuals for allegedly sharing music over the Internet since it started its lawsuit campaign in 2003.
"The RIAA's specious 'making available' argument threatens to brand people as thieves when the evidence isn't really there," said EFF Senior Intellectual Property Attorney Michael Kwun. "We're pleased the judge is taking a second look at this critical question."
Joining EFF on the brief were Public Knowledge, the United States Internet Industry Association, and the Computer and Communications Industry Association.
For the full amicus brief:
http://www.eff.org/files/filenode/capitol_v_thomas/20080620EFFAmiciBrief...
For more on Capitol v. Thomas:
http://www.eff.org/cases/capitol-v-thomas
Contacts:
Corynne McSherry
Staff Attorney
Electronic Frontier Foundation
corynne@eff.org
Michael Kwun
Senior Intellectual Property Staff Attorney
Electronic Frontier Foundation
michael@eff.org
Supreme Court Ruling Will Chill Technology Innovation
Copyright Liability Standard in Grokster Decision Endangers P2P and Other New Technologies
MGM v. Grokster Decision Press Conference Today
Conference at Noon Eastern Time, Call-In Number Available to Press
What: Post-Grokster press conference, with members of the StreamCast (Morpheus) and Grokster legal team along with representatives from the technology industry and public interest groups.
When: 12 Noon EDT today, contacts below for phone-in line for press.
MGM v. Grokster Press Conference Following Supreme Court Decision
Note: The Electronic Frontier Foundation is participating in this press conference with other members of the Morpheus and Grokster legal teams and public interest groups. We are recirculating this press release from StreamCast (Morpheus) for your information.
What: Post-Grokster press conference, with members of the StreamCast (Morpheus) and Grokster legal team along with representatives from the technology industry and public interest groups including P2PUnited, Public Knowledge, the Computer & Communications Industry Association, and the Computer Electronics Association.
Fighting Infringement on Campus Peer-to-Peer Networks
New EFF White Paper Helps Universities Understand Their Options
Supreme Court Justices Grill Both Sides at Copyright Hearing
MGM v. Grokster Raises Questions About Innovation and Litigation
Washington, DC - The Electronic Frontier Foundation (EFF) was heartened to hear the Justices of the United States Supreme Court engage in a lively debate Tuesday about whether technology manufacturers should be held liable for the infringing activities of consumers. At stake is nothing less than the future of innovation in the United States. If vendors are held responsible for what people do with their products, even tech giants like Intel say they'd have to fire engineers and hire lawyers.
Counting Down to Grokster with EFF
Organization Launches Two-Week Celebration of Betamax-Protected Devices
March 1 Press Conference on Supreme Court File-Sharing Case
Discussion with Defendants and Friends-of-the-Court on the Day Briefs Are Filed
Supreme Court Date Set for Grokster
Washington, DC - The US Supreme Court set the date for the oral argument in MGM v. Grokster for March 29, 2005, in Washington, DC. EFF is defending StreamCast Networks, the company behind the Morpheus peer-to-peer (P2P) software, against 28 of the world's largest entertainment companies.
Music Industry Must Respect Privacy of Filesharers
Ruling in Charter Case Smashes DMCA Subpoena Powers
The Eighth Circuit Court of Appeals issued a decision today that will stop entertainment corporations from gaining access to the names of people using peer-to-peer (P2P) networks unless the companies file lawsuits against them and furnish actual evidence of copyright infringement.
