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

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Trial Set for Lawsuit by U Wisconsin Professor Fired Over Adult Content

A trial date of June 22, 2026, has been set for the civil lawsuit filed by veteran communications professor Joe Gow against the University of Wisconsin board of regents, which fired him for creating and appearing in adult content.

New UK Task Force Meets to Target Adult Content

The architect of an influential report that recommended banning adult content deemed “degrading, violent and misogynistic” has convened an “Independent Pornography Review task force” aimed at translating that report’s findings into action in the U.K.

Show More