 The judge in Thomas' trial then, sua sponte (of his own accord), issued an order indicating a possible "manifest error of law" in connection with his "making available" jury instruction, on the ground that it may have contravened binding 8th Circuit precedent, and on the ground that a case upon which the RIAA and the Court had relied had been vacated by the Court which had issued it, without Judge Davis's knowledge.Subsequently, the Court vacated the judgment, on the ground that "making available" could not be equated with "distribution" under "settled case law".The retrial which ensued found Thomas-Rasset liable for willful copyright infringement, and awarded plaintiffs damages of $1.92 million.