"U.S. District Court Judge Michael Davis will allow evidence gathered by MediaSentry, a security firm that once investigated illegal file sharing on behalf of the music industry, to be heard by a jury in Thomas' retrial, scheduled for Monday."
The lack of private investigator's credentials in certain states was key to Thomas' defense, and would have been a big factor affecting more than just her trial. In another blow, Judge Davis also commented on Thomas' decision to argue "fair use" as a defense:
"The record in this case, with which this Court is intimately familiar, gave no hint that a fair use defense would be forthcoming. It would be highly prejudicial to Plaintiffs to allow Defendant to assert this new affirmative defense on the eve of retrial."
I program, therefore I am.
