Jay Maynard writes "The judge in Capitol Records v. Thomas said today he's thinking about granting a new trial because he may have committed a 'manifest error of law' in his jury instructions. He says that his instruction that simply uploading music to a P2P network without any proof that anyone actually downloaded it may conflict with a case in the Eighth Circuit Court of Appeals that said 'infringement of [the distribution right] requires an actual dissemination.' Briefs are due by May 29, with oral argument July 1. The judge invited friend of the court briefs by May 29, as well." NewYorkCountryLawyer links to the Judge's order itself (PDF), in which the Judge notes that he may (in NYCL's words) "have overlooked controlling Eighth Circuit authority, the case of National Car Rental v. Computer Associates, which held that you can't have a violation of the 'distribution right' without an 'actual dissemination of copies or phonorecords.'" Update: 05/15 18:54 GMT by T : Note that while the linked story as well as Jay Maynard's summary use the term "upload," Thomas wasn't uploading the files themselves, only making them available.

netbuzz writes "A major milestone was reached today, according to communications industry analysts: there are now some 3.3 billion mobile phone accounts worldwide. Of course, it doesn't really mean half the world's population has a cell phone, since users in 59 countries average more than one per person. '"The mobile industry has constantly outperformed even the most optimistic forecasts for subscriber growth," Mark Newman, head of research at Informa said in a statement. "For children growing up today the issue is not whether they will get a mobile phone, it's a question of when," Newman said. In recent years the industry has seen surging growth in outskirts of China and India, helped by constantly falling phone and call prices, with cellphone vendors already eyeing inroads into Africa's countryside to keep up the growth.'"

rabble writes "According to a report out of Washington, NASA wants to avoid telling you about how unsafe you are when you fly. According to the article, when an $8.5M safety study of about 24,000 pilots indicated an alarming number of near collisions and runway incidents, NASA refused to release the results. The article quotes one congressman as saying 'There is a faint odor about it all.' A friend of mine who is a general aviation pilot responded to the article by saying 'It's scary but no surprise to those of us who fly.'"