The precedent–setting music file–sharing case held in Duluth last year is possibly heading back to Federal court.

LeAnn Wallace joins us to tell us what this is all about.

Michelle, this case generated a lot of national attention when it was first heard in Duluth Federal Court back in October of 2007.
Now, it's expected to do the same thing when it comes back to court in July.

On October fourth of last year, a 30–year–old single mother from Brainerd faced off against the multi–billion dollar American music industry.

Jammie Thomas had been accused of illegally downloading copyrighted material. After a three–day trial, the jury found Thomas had violated the law. The attorney for the music industry said justice had been served.

"This does send a message that downloading copyrighted recordings is not ok."

Jurors ruled that Thomas copied or distributed 24 songs.

Federal Judge Michael Davis set damages at 9–thousand–250–dollars per song for a total fine of 222–thousand dollars.
A defiant Thomas said that decision was wrong.

"I did not illegally download music. I did not illegally share music in any peer to peer network. (NOTE THIS BITE WAS SHORTENED)

Thomas will now get another chance to prove that. In an order filed in Federal District Court in Minneapolis Judge Davis says he may have made a mistake in his instructions to jurors.

Judge Davis told jurors that simply uploading songs to a music file–sharing network could be considered illegal distribution, even if there's no proof that anyone received the music.

In his new motion Judge Davis writes that ruling has since been vacated and the court now says...

"making sound recordings available for distribution is not actionable under the Copyright Act and that actual distribution is required."

In this order, Judge Davis tells attorneys on both sides to submit briefs by May 29th on whether the judge erred with that instruction.

Michelle, this case was considered extremely important to the music industry when it was heard in Duluth.

Because of that high level of importance, Judge Davis invited any interested parties to also submit "friend of the court" briefs by May 29th.
Back to you...

LeAnn — when will the case come back to court and will it be heard in Duluth again?

Yes it will Michelle.
Oral arguments will be heard on those briefs on July First in U–S District Court in Duluth.

Thanks LeAnn.