In a decision that will have far reaching effects into the publishing world if upheld, Judge Davis in the RIAA case versus Thomas found that RIAA’s verdict of $222,000, was improperly given. The jury instruction did not properly state the law. The decision (pdf) came down to the meaning of distribution:
Each party asserts that the Court should adopt the plain meaning of the term “distribution;” however, they disagree on what that plain meaning is. Thomas and her supporters argue that the plain meaning of the statute compels the conclusion that merely making a work available to the public does not constitute a distribution. Instead, a distribution only occurs when a defendant actually transfers to the public the possession or ownership of copies or phonorecords of a work. Plaintiffs and their supporters assert that making a work available for distribution is sufficient.
In this case, Thomas made copies of music available for distribution by placing them in a folder on her computer where others on the internet could access them. The court ultimately found that distribution requires some affirmative act of dissemination. The judge carefully considers every possible angle including comparable criminal statutes, other language within …
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