Justin, the creator of Muxtape, just posted a long, detailed account of what exactly happened and what the future of the site holds. It's a pretty great inside look at just how stupid and confused the music industry is right now.
That's a huge decision -- the "making available" theory is the basis for most of the RIAA's legal arguments -- and it means that the RIAA will now have to prove the unauthorized transfer of each song it wants to collect damages on at the new trial.
Jammie Thomas may now face a new trial, but this time, the jury will be instructed that the record labels need to have shown actual infringement -- and that simply making files available is not infringement.
His remarks on appropriate compensation are also spot on.
The letter from the DoJ is a hum-dinger, pointing out that the bill would turn taxpayer-supported DoJ civil servants into pro bono lawyers for Hollywood.
RIAA is unhappy with a judge deciding a 16 year old claiming not to know Kazaa is illegal should only pay 200 dollars for downloaded song. They want 750 and hope a federal jury will see their point. I hope it doesn't happen :)
What price innocent infringement? That's the question a San Antonio jury will have to address in mid-November, as the RIAA and 20-year-old Whitney Harper will battle in court over the amount of damages Harper will have to pay to the record labels after being found liable for copyright infringement by a federal judge.