Jammie Thomas-Rasset's Lawyers Appeal $222,000 Fine to Supreme Court
December 13, 2012 11:52 AM
comment(s) - last by
The consul argues the defendant's due process rights were violated
Could the highest profile music piracy case to be brought against an individual in the U.S. be headed to
The Supreme Court of the United States
(SCOTUS)? That's the outcome lawyers for working mom Jammie Thomas-Rasset are hoping for.
The defendant's legal team
a petition for certiorari claiming that their client's right to due process has been violated. The case has been kicked around the courts for some time.
Ms. Thomas-Rasset first lost in a June 2009 jury verdict, with the jury deciding on a
$1.92M USD fine
, arguing that lawyers for music labels like Sony Corp.'s (
) BMG and their trade group the
Recording Industry Association of America
(RIAA) has sufficiently proved that the working mom had willfully-infringed on 24 songs.
U.S. Department of Justice
approved the verdict
, the matter seemed settled, setting a rather draconian precedent. But a judge
cut the fine to a mere
Then it was deja vu all over again -- the case went to retrial, a jury found Ms. Thomas-Rasset guilty of another huge fine (
$1.5M USD, this time
), and then the judge yet again bumped the fine
to $54,000 USD
Jammie Thomas-Rasset (left) [Image Source: joonbug]
Most recently the RIAA,
appealed the reduction
, and the fine was bumped back slightly to $222,000 USD, where it currently sits. That appeal prompted Ms. Thomas-Rasset's lawyers to ask the SCOTUS to hear the case.
The defendant's lawyers cite
State Farm v. Campbell
BMW v. Gore
St. Louis I.M. & S. Railway Co. v. Williams
as relevant cases. These cases all involved the plaintiff seeking a large amount of punitive damages (for example Dr. Ira Gore sued BMW and initially won $4M USD in punitive damages after BMW sold him a repainted vehicle and claimed it was new). In each case the SCOTUS ruled that there should be reasonable limits, based on the scope of the civil offense, to punitive damages.
The RIAA and big media backers are estimated to have spent over $3M USD on the case; Ms. Thomas-Rasset has received much of her legal services and fees paid for via donations.
RIAA v. The People
This article is over a month old, voting and posting comments is disabled
RE: truly asinine
12/14/2012 1:02:29 AM
I admit I am not 100% clear as to what exactly she did do...
I suppose it matters more if did she ripped a cd and put it up on a file share. I thought she downloaded the songs and left them in a shared folder. Viewed from one angle its the same, from another its different. One is "infringement", the other is essentially counterfeiting. Regardless, 50k - 1.5 mil still seems way beyond excessive.
"We don't know how to make a $500 computer that's not a piece of junk." -- Apple CEO Steve Jobs
RIAA Appeals Last Month's Damages Reduction for Jammie Thomas-Rasset
August 23, 2011, 9:53 AM
RIAA Likely Paid Over $3M to Sue Jammie Thomas-Rasset, Only Gets $54K in the End
July 25, 2011, 10:34 AM
Jammie Thomas Loses in Court (Again), Jury Awards RIAA $1.5M
November 4, 2010, 10:25 AM
Record $1.92M File Sharing Settlement Cut to $54K
January 25, 2010, 3:45 PM
U.S. DOJ Approves of RIAA's $1.92M USD Fine Against Citizen
August 18, 2009, 7:55 AM
Twitter Senior VP: "Diversity is Important, But We Can’t Lower the Bar"
November 9, 2015, 9:59 AM
CNN Resorts to Internet Censorship to Promote Clinton Over Senator Sanders
October 15, 2015, 2:47 PM
Breaking Bad: How to Crash Google's Chrome Browser With Just 8 Characters
September 23, 2015, 11:08 AM
Quick Note: Amazon UK Offers £10 Back on Any Order £50 or Over
August 3, 2015, 12:05 PM
Editorial: Reddit Allows Itself to be Hijacked as a Hate Platform For Racist Bigots
July 21, 2015, 6:32 PM
Mozilla and Facebook to Adobe: It's Time to Kill Flash
July 20, 2015, 6:30 PM
Most Popular Articles
Say Goodbye to Data Plans - Sprint and T-Mobile offer Unlimited Data
August 22, 2016, 6:12 AM
Uber - Everyone's Autonomous Car Driver?
August 20, 2016, 6:01 AM
Lenovo vs. Asus vs. HP - Best Laptop Under $500.00
August 19, 2016, 4:00 AM
2 NEW PlayStation 4 Models - Unveiling September 7th
August 23, 2016, 6:23 AM
Get Ready to wait in line – iPhone 7 due September.
August 18, 2016, 7:15 AM
Latest Blog Posts
Coming Soon - Drones and Airports
Aug 24, 2016, 12:40 PM
SolarCity’s Gigafactory: A Milesone in Emerging Technology by Lily Emamian - 15 August 2016
Aug 15, 2016, 6:30 AM
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information