File Sharing Defendant Seeks New Trial
October 16, 2007

Jammie Thomas, the Minnesota woman who was recently fined $222,000 for sharing music files on the Kazaa network, is asking a judge to overturn the verdict. On Monday, Thomas' attorneys filed a motion asking for a new trial on the grounds that the damages awarded by the jury are excessive and unconstitutional, according to CNet News. However, if U.S. District Judge Michael Davis refuses to grant a new trial, the attorneys have asked him to at least lower the damages to between zero dollars and $150. They argue that lower damages are appropriate because "any award above and beyond actual damages or harm suffered is purely punitive." The jury awarded the record companies in the lawsuit $9,250 per song for 24 songs that were illegally shared, but Thomas' lawyers argue that they suffered actual damages of less than $151.20 in all.

"We seek to resolve this case in a fair and reasonable manner," the Recording Industry Association of America (RIAA) said in a statement. "It is unfortunate that the defendant continues to avoid responsibility for her actions. We will continue to defend our rights."

CNet notes that some legal experts have argued for a while that statutory damages are out of line with reality. Because copyright law sets the amount of damages at between $750 and $30,000 per infringement, someone sharing 2,000 songs can face between $1.5 million and $60 million in damages. This is why defendants in other RIAA peer-to-peer cases have argued that copyright's statutory damages are unconstitutional. Judges do have the legal authority to lower the damages to less than the $750 limit, but only in the rare case of so-called "innocent" infringement, where the defendant "was not aware and had no reason to believe that his or her acts constituted an infringement of copyright," says CNet.




 
Breaking News
iHeartMedia Announces The Return Of The iHeartRadio Jingle Ball Tour
Alpha Media Portland Names Chris Stewart PD At KWEE
Shazam Tops 1 Billion Downloads
Katy Perry Renews ASCAP Agreement
September 28, 2016
YouTube Names Lyor Cohen Global Head of Music
iHeartMedia/Nashville Names Savannah Grimm MD For WRVW (107.5 The River)
CBS Corporation Announces $1.46 Billion Debt Financing In Connection With CBS Radio Spinoff
Eric Powers Debuts New Streaming Channel POWERS RADIO, Returns To Airwaves To Host Mornings
In Brief - September 28, 2016
September 27, 2016
Katy Perry Teams With Funny Or Die & iHeartMedia To Rock The Vote
WPLJ/New York Nighttime Stars Ralphie and Melony Torres Flip On-Air Shifts
Jacob Leshaa Promoted to Digital Program Director of Entercom San Francisco
September 26, 2016
Kim Guthrie Appointed President of Cox Media Group
Lori Bennett Joins Cumulus Grand Rapids As OM/PD
iHeartMusic Music Festival Rocked Las Vegas
KPLV-FM (93.1 The Party)/Las Vegas Flips To 93.1 The Mountain
KUDL (Star 106.5)/Sacramento To Recognize Residents' Service To Community
September 23, 2016
iHeartMedia Introduces On Demand Services iHeartRadio Plus & iHeartRadio All Access
2016 NAB Marconi Radio Award Winners Announced
September 22, 2016
Ray Nelson Joins Cumulus As VP/Market Manager, Huntsville, AL
Britney Spears Headlines An All-Star Lineup For B96/Chicago's Jingle Bash
Concord Music Group Appoints Tom "Grover" Biery SVP/Digital Marketing, Strategy and D2C
B98.5 & Melissa Carter Celebrate Atlanta Pride 2016
September 21, 2016
iHeartMedia Honolulu Unveils On-Air Lineup For 93.9 The Beat
Music News
It's Official: Lady Gaga Playing Super Bowl Halftime Show
Quick Hits: Halsey, Jay Z, Sia, Lollapalooza
The Weeknd Makes History "Starboy"
Quick Hits: Adele, Drake, Lumineers, Green Day
Drake's Views Back at #1 on Billboard 200
Louise Goffin plays Carnegie Hall with music legend Donovan
Metallica to Perform on The Howard Stern Show
The Weeknd Releases New Single with Daft Punk
FMQB Photo Pass: AC/DC
Beyoncé to Headline Charity Tidal X Concert
Quick Hits: The Weeknd, Metallica, Lady Gaga, Chance the Rapper & Kanye West, Tori Amos
Quick Hits: Prince, Mariah Carey, AC/DC
Five New Debuts in Billboard 200's Top Ten
Quick Hits: RHCP, Lady Gaga, Bon Jovi, Green Day
Quick Hits: Prince tribute concert, Coldplay, Billie Joe Armstrong
FMQB NOW

          Question Of
           The Week

Advertisement:
Search FMQB.com
Advertisements:
FMQB Member Login
Email:
Pass:

Save
Not a member yet?
Sign up Now!
Sign Up for Breaking News!
Enter FMQB E-Tracking!