# Judge Declares Mistrial In RIAA's Only Court Victory



## RootbeaR (Dec 9, 2006)

"Jammie Thomas may now face a new trial, but this time, the jury will be instructed that the record labels need to have shown actual infringement -- *and that simply making files available is not infringement."*
http://www.techdirt.com/articles/20080924/2255532365.shtml


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## TechGuy (Feb 12, 1999)

Interesting -- I surely thought there had been more than one case, but I guess most people settle before that. I see where they're coming from by saying that making files available isn't infringement (although it obviously isn't right to do so). But, the truth of the matter is that all of those files were likely downloaded illegally themselves. So, even if they throw out the fact that the guy made them available to download, he still got them illegally himself. I'm not sure how they'll prove that, but I sure hope they do.


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