Capitol Records Inc., et al., v. Jammie Thomas

Amicus Curiae Brief of Thomas D. Sydnor of the Progress & Freedom Foundation Opposing the Motion for a New Trial


Last October, Jammie Thomas was found liable for copyright infringement for file sharing, and hit with a $222,000 judgment. Thomas' case was the first file sharing lawsuit to reach a jury verdict.

On May 15, 2008, Judge Michael Davis requested briefing on whether Thomas should receive a new trial. The court said it was concerned that it might have made a mistake by instructing the jury that Thomas could be found liable if she simply made copyrighted songs available in a shared folder. There's good reason for this concern — as EFF noted at the time, and several courts have since affirmed, "making available" is not a cause of action under copyright law. EFF applauds the court's willingness to revisit this crucial question and weighed in as amicus in June of 2008.

This is the Amicus Curiae brief of Thomas D. Snydor of the Progress & Freedom Foundation Opposing the motion for a new trial.

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