Wednesday, October 10, 2007

EFF to File Amicus Brief in Capitol v. Thomas -- Wired.com

Wired News reports that the Electronic Frontier Foundation is going to file an amicus curiae brief in support of Jammie Thomas's appeal in Capitol v. Thomas (formerly Virgin v. Thomas):

EFF to Weigh in on First RIAA Downloading Trial Appeal
By David Kravets October 08, 2007 | 6:07:32 PM

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.

Thomas and her attorney, Brian Toder, said Monday they would appeal the $222,000 verdict a Duluth, Minnesota federal jury awarded last week to the RIAA after finding Thomas purloined 24 copyrighted recordings.

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."
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