The Electronic Frontier Foundation, which is litigating the government's secret wiretap program, said Monday it will lend a legal hand to Jammie Thomas, the nation's first pirate to lose a federal jury trial in a case brought by the Recording Industry Association of America.
Fred von Lohmann, an EFF attorney, tells THREAT LEVEL that the San Francisco-based advocacy group will file a friend-of-the-court brief with the 8th U.S. Circuit Court of Appeals. The brief might argue two points, surrounding Jury Instruction No. 15, which says: "The act of making copyrighted sound recordings available for electronic distribution on a peer-to-peer network, without license from he copyright owners, violates the copyright owners' exclusive right of distribution, regardless of whether actual distribution has been shown."