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 © 2026 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

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3 in the case of Aylo, which filed suit in the matter.

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult DVDs, Mags

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult DVDs, magazines and other visual material sold by physical retailers in the state.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Show More