Woman Charged With Music Piracy Will Appeal

“I am still here and I will be a thorn in their sides for the rest of my life because of what they did to me and what their trying to do to thousands of others,” Jammie Thomas, who was charged with illegally downloading music, said in a recent online video.

So far, the Minnesota single mother has raised $957 through online pay pal donations meant to help with legal fees, and continues to attack the Recording Industry Association of America in her Myspace web blog.

During a CNN interview today Thomas' attorney, Brian Toder, announced that they plan to appeal the case in the 8th U.S. Circuit Court of Appeals on grounds of faulty jury instructions.

Jurors were asked in the Duluth Minnesota case, which found Thomas guilty, to find liability based on Thomas' open Kazza share folder -- which made music available for others to download -- but were unable to prove that illegal downloading of the 24 songs actually took place.

Evidence of nine songs downloaded by Safenet, the RIAA's investigation service, will be disputed on grounds that Safenet is authorized by the RIAA to download files.

“Every single suit they have brought has been based on this making available theory,” said Thomas today in her Myspace blog, “and if we can win this appeal, they would actually have to prove a file was shared and by someone other than their own licensed agent.”