THE ONLY successful Recording Industry Association of America conviction against a file-sharer will go to retrial despite the music industry’s best efforts.

The RIAA appealed an earlier decision to grant a retrial of the copyright infringement case against Jammie Thomas.
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But the RIAA really does not want another trial, particularly if the Judge is going to tell the jury that making a copyrighted file available is not infringement. The RIAA has already admitted that proving that songs have been downloaded from services like Kazaa is nearly impossible.

The music industry stands to lose countless cases if it loses this particularly high profile one.