We do not have information on any trials, although it would seem that there must have been some, especially in cases where the defendants are representing themselves, without legal counsel. If anyone has information on any trials, and the results, please let us know. If the RIAA has had any trials, and lost, they're not going to tell me about it.

A bit of guidance as to the standards for trial has come down in UMG v. Lindor, in connection with a preclusion motion, where the Court held that "[a]t trial, plaintiffs will have the burden of proving by a preponderance of the evidence that defendant did indeed infringe plaintiff’s copyrights by convincing the fact-finder, based on the evidence plaintiffs have gathered, that defendant actually shared sound files belonging to plaintiffs."

Likewise, the denial of summary judgment in the abovementioned Motown v. Liggins suggests that the plaintiff would have to prove actual copying or actual "distribution".

In both cases, it is not clear whether the judges have at this point considered that (a) there are certain types of file "sharing" which would not constitute copyright infringement, or (b) "distribution" is a defined term under the Copyright Act, one which requires a sale, transfer of ownership, lending, lease, or rental, of a phonorecord or other copy, to "the public".


*Reprinted with permission of Ray Beckerman from http://info.riaalawsuits.us/howriaa.html updated March 31, 2007.