Federal Judge Declares Mistrial in RIAA Suit

DULUTH, Minn. — In declaring a mistrial in a copyright infringement case brought by the Recording Industry Association of America, a federal judge waved away one way for the RIAA to win cases while providing another.

U.S. District Judge Michael Davis nullified a $222,000 jury award to the RIAA. In ruling, Davis said that he shouldn't have told jurors that having copyrighted music in a shared folder was illegal.

The decision came as a part of the case Capitol vs. Thomas, the RIAA's first file-sharing copyright infringement case. The defendant is Jammie Thomas, a single mother of two children from Brainerd, Minn.

Instead, Davis said that in order to successfully prosecute a copyright infringement case, the RIAA would have to show that "actual distribution" happened.

But more than that, Davis said that any files downloaded by the RIAA from Thomas' shared files folder could "form the basis of an infringement claim."

Minneapolis attorney Brian Toder, who represents Thomas, said that despite the initial victory, the larger decision hurt his client. He also argued that downloads made by the RIAA as a part of their investigations shouldn't count against defendants.

In Thomas' case, the RIAA instructed its investigative arm, known as MediaSentry, to download the files.

"One can either have an infringement by violating reproduction rights or by distribution," Toder said. "According to that opinion, there is still a violation of a distribution right if your own people, MediaSentry, does the downloading. That doesn't help us."

In related news, last week the U.S. Senate unanimously passed a bill that would increase federal protection for intellectual property. The bill will give the Justice Department resources to prosecute cases of alleged intellectual property theft.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Trump Administration Issues Executive Order Against 'Debanking'

The White House on Thursday issued an executive order limiting financial institutions’ ability to restrict access to financial services for people or groups involved in lawful industries, a longtime goal of adult industry advocates and stakeholders.

Florida AG Sues EU-Based Adult Companies for Failing to Age-Verify Users

Florida Attorney General James Uthmeier filed a lawsuit Monday with the 12th Judicial Circuit Court of Florida against five EU-based adult companies for allegedly failing to require age verification before allowing access to adult content.

Arcom Warns 5 Adult Sites Over Age Verification

French media regulator Arcom has sent enforcement notices to the operators of five adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

FSC: Identity Theft Targeting Adult Performers

The Free Speech Coalition has issued an alert warning of an individual found to be targeting adult performers for identity theft.

European Commission to Assess Pornhub, XVideos, XNXX Compliance With Digital Services Act

The European Commission plans to conduct a study to determine how well adult sites Pornhub, XVideos and XNXX are addressing illegal content and other potential harms under the EU’s Digital Services Act.

German Higher Court Upholds Ban on PornHub, YouPorn

The Higher Administrative Court of Rhineland-Palatinate on Thursday upheld a “network ban” on Aylo-owned adult sites Pornhub and YouPorn for failing to comply with German age verification regulations.

Alabama Notifying Adult Sites of New Tax Set to Take Effect Sept. 1

The Alabama Department of Revenue has begun sending notices to adult site operators about a new 10% tax on their revenues, set to be enforced starting Sept. 1.

Ofcom Investigates 4 More Adult Companies for OSA Compliance

U.K. media regulator Ofcom has launched investigations into whether four companies operating adult websites have implemented requisite age assurance measures under the Online Safety Act, the agency announced Thursday.

Kyrgyzstan President Signs Measure Outlawing Internet Porn

President Sadyr Japarov of Kyrgyzstan on Tuesday signed into law legislation outlawing online adult content in the country.

NC Legislature Overrides Veto of Extreme Anti-Adult Industry Bill

The North Carolina state legislature on Tuesday voted to override Gov. Josh Stein’s veto of a bill imposing regulations that industry observers have warned could push adult websites and platforms to ban most creators and content.

Show More