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
12/15/2012 6:54:58 AM
I hope this outrageous fine gets overturned.
Fines should fit the damages (listen up, Apple), so let the record companies prove what damages were sustained.
BTW, if the offending material was brought to attention of the artists, what would they have to say? My guess: "We don't care who shares our songs. Our label hardly pays us anything on recorded songs, which is why we stay alive playing live concerts. Anything to spread our music to others' ears is a compliment the efforts we put into our songs."
Hey kids- don't start a band hoping to get signed, do your own distro and promotion. The labels are more crooked than the San Andreas fault-line.
"A politician stumbles over himself... Then they pick it out. They edit it. He runs the clip, and then he makes a funny face, and the whole audience has a Pavlovian response." -- Joe Scarborough on John Stewart over Jim Cramer
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
Quick Note: Verizon May Become Canada's Fourth Major Carrier
June 18, 2013, 2:15 PM
BMI Files Lawsuit Against Pandora Over Royalty Fees, Radio Station "Stunt"
June 14, 2013, 1:28 PM
Ukranian-Led Cybertheft Ring Busted, Six East Coast Residents Arrested
June 13, 2013, 10:38 AM
Rep. Peter King (R) on NSA Leaks: Prosecute the Journalists
June 12, 2013, 4:00 PM
Comcast to Turn Customers Modems Into Quasi-Public Wi-Fi, Raises Legal Risks
June 10, 2013, 8:02 PM
Report: Google to Drop $1.3B for Waze Navigation Software
June 10, 2013, 7:43 AM
Most Popular Articles
Source: Don't Worry, NSA Spies on "99 Percent" of Americans' Locations, Call Records
June 14, 2013, 3:57 PM
Xbox Chief: If You Can't Get Online, Don't Buy an Xbox One
June 12, 2013, 9:57 AM
GigaHertz Wars 2.0? AMD Releases World's First 5.0 GHz FX Processor
June 11, 2013, 3:16 PM
Former Palm CEO: Selling Palm to HP was a Waste
June 12, 2013, 10:19 AM
Report: Apple to Release Larger iPhone Screens, Cheaper iPhone for $99
June 13, 2013, 9:41 AM
Latest Blog Posts
Lumosity: Does it Work?
May 22, 2013, 8:20 PM
Quick Note: Sony "Teases" PS4 Ahead of Xbox Reveal in New Video
May 20, 2013, 12:33 PM
Nokia Introduces Instagram-Like App of Its Own to Help Lumia Sales
May 20, 2013, 7:10 AM
Parents of Pre-Teen Drivers Commonly Practice Distracted Driving Says Study
May 9, 2013, 7:16 AM
Apple's iOS 7 Running Into Internal Delays Due to Massive Overhaul
May 1, 2013, 4:26 PM
More Blog Posts
Copyright 2013 DailyTech LLC. -
Terms, Conditions & Privacy Information