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: lol.
By Reclaimer77 on 11/5/2010 12:13:06 PM , Rating: 1
quote:
You seem to be stuck on the amount the jury awarded and want to use that to negate the original wrong. I have to wonder how many people would be upset if the jury came back and awarded the RIAA $5000....the high end of what the RIAA reportedly asked for in the first place.


So sophomoric. I have to wonder why you think this is even an argument.

Our whole justice system and how it's viewed socially is based around the penalties being somewhat proportional to the crime itself. This isn't the Middle East, we do NOT destroy peoples lives for petty crimes. Of course people think over a MILLION dollars for sitting on your computer and downloading 12 songs is absurd! If someone was fined a million dollars for jaywalking, would you be ok with that too?

Not to mention the entire method the RIAA is using to determine the "damages" is ridiculous beyond belief! Remember innocent until proven guilty?


RE: lol.
By bruce24 on 11/5/2010 10:21:24 PM , Rating: 2
quote:
sitting on your computer and downloading 12 songs is absurd!


It seems you don't even understand the case, they took her to court for sharing songs through kazaa...distributing copyrighted songs.

quote:
Not to mention the entire method the RIAA is using to determine the "damages" is ridiculous beyond belief! Remember innocent until proven guilty?


The RIAA didn't award the damages, a jury did. The RIAA originally asked for between $3K and $5K before even going to court. As far as the size of the award, the jury after finding her guilty could have gone as low as $750 per song, but it seems they didn't like be lied to.

" Under the Copyright Act, each plaintiff is entitled to a sum of not less than $750 or more than $30,000 per act of infringement (that is, per sound recording downloaded or distributed without license), as you consider just. If, however, you find that the defendant’s conduct was willful, then each plaintiff is entitled to a sum of up to $150,000 per act of infringement (that is, per sound recording
downloaded or distributed without license), as you consider just."


"If they're going to pirate somebody, we want it to be us rather than somebody else." -- Microsoft Business Group President Jeff Raikes














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