 The jury was instructed to find that the owners' copyrights were infringed if the plaintiffs owned copyrights in the songs and there was an infringement of either the reproduction right (via Thomas-Rasset "downloading copyrighted sound recordings on a peer-to-peer network, without license from the copyright owners") or the distribution right (via Thomas-Rasset "distributing copyrighted sound recordings to other users on a peer-to-peer network, without license from the copyright owners").For each song reproduced or distributed, the infringement had to be assessed as willful or non-willful, and damages assessed accordingly.The jury was not allowed to be specific in its verdict about which rights (distribution or reproduction) were infringed, and the judge did not attempt to define distribution in the second trial.