Although a little late in reporting, Jamie Thomas' appeal case will get assistance from EFF. According to a post on EFF, Electronic Frontier Foundation;
"the outcome will likely turn on Jury Instruction #15, which equates "making available" with "distributing" a copyrighted work. If the appeals court rejects that jury instruction, the verdict against Ms. Thomas would have to be thrown out and the case re-tried."
According to the same post they will argue on "Distribution", how it is defined in the Copyright Act (might not extend to Internet!) and or actual proof of that the distribution of copy righted material took place. As INAL, please read the EFF article that describe everything in detail.
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