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

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ from their supervision of financial institutions.

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Woodhull Survey Reveals Concern Among Sex Educators Over AV Laws' Impact on Access

A national survey of sex educators by the Woodhull Freedom Foundation found that a majority of sex educators and sexual health professionals are concerned that age verification (AV) laws will negatively impact access to information and resources.

Clips4Sale Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of content platform Clips4Sale in a case against a website using a similar domain to impersonate the site.

FSC Talks Age Verification on Capitol Hill

The Free Speech Coalition (FSC) has published a blog post detailing the organization's talks on age verification on Capitol Hill in Washington.

FTC Warns PayPal, Stripe, Visa, Mastercard Against Debanking

Federal Trade Commission Chairman Andrew Ferguson sent letters on Thursday to the CEOs of PayPal, Stripe, Visa and Mastercard, warning them against debanking practices — including denying customers access to services based on lawful business activities perceived as high-risk.

Show More