backtop


Print 67 comment(s) - last by jimhsu.. on Nov 8 at 8:29 AM


Thomas fined $1.5M by jury  (Source: AP)
It's like Deja Vu all over again

The battle between Jammie Thomas and the Recording Industry Artists Association (RIAA) has reached epic proportions. The battle revolves around allegations that Thomas illegally shared music and downloaded pirated music using the peer-to-peer sharing platform Kazaa. 

Thomas was back in a courtroom fighting the jury award that would have seen her pay $1.92 million for illegally downloading 24 songs working out to $84,000 per song. The judge in the case reduced that fine to $54,000 in an appeal stating, "The need for deterrence cannot justify a $2 million verdict for stealing and illegally distributing 24 songs for the sole purpose of obtaining free music."

The RIAA later offered to settle with Thomas for $25,000 to be paid to a music charity. Thomas and her attorney refused the offer, and the RIAA then rejected the judges reduced fine of $54,000. After the reduction was rejected, the case went back to court. The jury deliberated for two hours according to the 
Star Tribune and came back with bad news for Thomas. The jury awarded the RIAA a record fine of $1.5 million, which is about $400,000 less than the original judgment against Thomas.

A RIAA representative named Cara Duckworth said, "We are again thankful to the jury for its service in this matter and that they recognize the severity of the defendant's misconduct. Now, with three jury decisions behind us, along with a clear affirmation of Ms. Thomas-Rasset's willful liability, it is our hope that she finally accepts responsibility for her actions."

Neither Thomas nor her attorney was available for comment on the decision. Looking at the history of the case, it would be unsurprising for another appeal to follow along with another plea from the Thomas camp to reduce the fine.  Thomas' attorney Kiwi Camera said in closing arguments, "She may have engaged in the conduct. That doesn't mean they can take her head and stick it up on a pole."



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

RE: Heh
By marvdmartian on 11/5/2010 10:34:20 AM , Rating: 0
What the RIAA should have to prove is how many people downloaded the music from her.

Then take that number, multiply it by $1 each, and come up with a total amount of money that was lost.

Now double that amount, and call it reasonable. THAT is how they should come up with the amount she owes. If 100 people downloaded her music, then she owes $200. If 1000 people, $2000, etc.

But where they get you isn't in the monetary damages, but in the punitive amount that they can tack on. Oftentimes, it's excessive, and could easily add millions of dollars to what the loser of a civil lawsuit will owe.


RE: Heh
By JediJeb on 11/5/10, Rating: -1
"We don't know how to make a $500 computer that's not a piece of junk." -- Apple CEO Steve Jobs














botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki