Thoughts on the verdict in Virgin v. Thomas

First, and most importantly, Virgin v. Thomas is obviously far from over. The jury returned a ridiculous verdict for the recording industry: $222,000 for 24 songs. Now, the case will move to post-trial motions and appeals. It will be a while before we know the real outcome.

$222,000 for 24 songs that the recording industry never proved were shared with anyone. As Ray Beckerman has discussed several times, Judge Davis allowed an inappropriate jury instruction: that it is a violation of copyright simply to make a file available, whether or not anyone actually downloads the file. This is nonsensical in a civil lawsuit, where damages are always a component. If the song was never downloaded, no record company lost any revenue, and their claims must fail, either through post-trial motions or on appeal.

In the larger picture, I think the verdict may be a positive thing for consumers even if it stands. I can’t imagine anyone believing that the recording industry actually suffered $222,000 worth of damages even though Thomas never shared a song. I hope there will be a public backlash and a demand for revisions to the copyright laws that allowed such an atrocious result.

Edit: Judgment documents made available by Mudd Law Offices in Chicago.