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Jammie Thomas-Rasset’s attempt to bar all MediaSentry evidence from her copyright infringement retrial next week has failed, as has her attempt to assert a “fair use” defense.

Judge Michael Davis oversaw the first Jammie Thomas trial and was sympathetic to her plight. After a jury awarded the music labels 2,000 in damages for Thomas’ file-sharing, the judge made clear that he disapproved of the penalty:

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