Hot Doc: It’s Not Over Until It’s Over

Of interest, a new HOT DOCS from top contributor Electronic Frontier Foundation:

The case in question (Capitol Records, Inc., v. Jammie Thomas) is, by itself, interesting for anyone following the ongoing story of copyright infringement and file sharing. And yet equally striking for us is that this is a story of a retrial – in other words, a story of checks and balances in the legal system.

From EFF’s document summary:

… Jammie Thomas was found liable for copyright infringement for file sharing, and hit with a $222,000 judgment. Thomas’ case was the first file sharing lawsuit to reach a jury verdict.

On May 15, 2008, Judge Michael Davis requested briefing on whether Thomas should receive a new trial. The court said it was concerned that it might have made a mistake by instructing the jury that Thomas could be found liable if she simply made copyrighted songs available in a shared folder. There’s good reason for this concern — as EFF noted at the time, and several courts have since affirmed, "making available" is not a cause of action under copyright law.

The system at work: