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
eQB NOW
The Week In Review: 4/20-4/24
iHeartRadio Now Available On The Apple Watch
CÜR Media Names Jay Clark Chief Content Officer
CBS Radio Stations Awarded With 21 Regional Edward R. Murrow Awards
In Brief - April 24, 2015
April 23, 2015
Warner Bros. Promotes Rob Goldklang To SVP/Alternative Promotion
CBS Radio Houston Names Charese Fruge VP/Programming And Operations Manager
Cat Thomas Named VP/Programming, CBS Radio Las Vegas
CBS Radio Las Vegas Names New PDs At KLUC & KMXB
iHeartMedia's First-Ever Soundfront
Pandora Reports Q1 2015 Financial Results
In Brief - April 23, 2015
April 22, 2015
Nielsen Reports Solid First Quarter
Shazam For Radio Adds David De Busk
KIIS FM Announces Wango Tango Pre-Show Performers
In Brief - April 22, 2015
April 21, 2015
Linda Little Named Market President For iHeartMedia Phoenix
iHeartRadio Now Available On Xbox One
Impact Radio Group Ups Garfield To PD at KWYD/Boise
Clip Interactive Activates FM Chip Listening On Additional Devices
In Brief - April 21, 2015
April 20, 2015
Scott Hopeck Named President of iHeartMedia New York
Tim Leiweke And Roger Faxon To Join Pandora Board of Directors
TuneIn Launches On Apple Watch And Apple CarPlay
In Brief - April 20, 2015
Music News
Black Keys' Dan Auerbach Announces New Solo Project
The Week In Review: 4/20-4/24
Quick Hits: Grateful Dead / John Mayer, Saturday Night Live, Frank Ocean, System Of A Down
Quick Hits: Lady Gaga, Estelle, MusiCares MAP Fund benefit concert, Hard Summer Festival, Faith No More, The Ting Tings
Teen Vine Star Shawn Mendes Tops Billboard 200
Quick Hits: Britney Spears & Iggy Azalea, The Grateful Dead, Ed Sheeran, R.E.M., The Smashing Pumpkins, Pitchfork Music Festival, Musicfest NW
Charli XCX, Bleachers Plot Eclectic Tour
Quick Hits: Billboard Music Awards, Walk Off the Earth, Miami Concert Series, Louis Tomlinson, Neil Young, AC/DC, Mötley Crüe
Green Day, Ringo & More Inducted Into The Rock Hall Of Fame
Muse Plans Drones Live Events
Quick Hits: iHeartRadio Summer Pool Party, Hozier, Panic! At The Disco, Foo Fighters, Neil Young / WayHome Music and Arts Festival
Quick Hits: Giorgio Moroder / Britney Spears, Green Day, Black Sabbath, Deftones & Incubus
The Week In Review: 4/13-4/17
FEATURED MUSIC NEWS CONTENT
FMQB Retro-Active: Aerosmith's Joey Kramer Talks Donington DVD, The Beatles, and Rockin and Roastin Coffee
FMQB NOW

Rick Cummings
Emmis Pres.
of Programming

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!