I am cross posting my own response to this article. Scroll up from the linked anchor to read the story.

Sharing copyrighted material on Kazza IS actually illegal. Its really unlikely that someone coming from your IP using an account name that is the same as yours is someone other than you. Its possible but its unlikely. The guilty verdict is probably right.

As to the EFF's point, if its necessary as a matter of law to prove that the copyrighted material was actually distributed and was not simply offered for distribution, this will likely get fixed by the legislature. Otherwise it would be the equivalent of saying that its legal to offer drugs for sale as long as no one actually buys them.

The thing that is shocking about this case is the penalty, and the leeway offered to the jury in determining it. The penalty could have been anywhere between $18 thousand dollars, and $3.6 million! Frankly the minimum penalty seems barbaric, but one's life could recover from such a financial blow. It certainly would have "sent a message." The maximum penalty would completely destroy the vast majority of individuals in the U.S. and most small businesses. The given penalty would certainly destroy the finances of most American households.

The bottom line is that absolutely none of these penalties is in any way proportionate to the crime. The RIAA has advocated for these laws and our legislatures have passed them, and now a crime which is far less serious in fact than moving violations in an automobile bares penalties that can ruin futures.

We shouldn't be angry at this jury. We should be angry at the legislators who put them in the position of having to make this decision.