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
Nielsen Mid-Year Report: Overall U.S. Music Consumption Up 14%
July 2, 2015
Report: Facebook In Talks With Major Labels
In Brief - July 2, 2015
July 1, 2015
American General Media Names Picazzo Stevens PD At KAGM & KDLW/Albuquerque
Brandi Young Named SVP Of Sales For iHeartMedia Phoenix
Cumulus Media & Audioboom Announce Strategic Partnership
In Brief - July 1, 2015
June 30, 2015
iHeartRadio Takes Flight With Virgin America
Meredith Gardner & Josh Kahn Promoted To VPs of Digital Marketing & Product
In Brief - June 30, 2015
June 29, 2015
Alpha Media Louisville Names Otis Program Director/Afternoon Host At WDJX
Broadcasters Foundation Of America Names Dan Mason Co-Vice Chairman/Treasurer
JJ Kincaid Set To Wake Up Denver
BMG Acquires Verse Music Group
In Brief - June 29, 2015
June 26, 2015
eQB NOW
Sirius XM Agrees To Pay For Recordings Released Before 1972
Cumulus Names Troy Hanson PD At WKQX/Chicago
Brandon "Buster" Satterfield Joins Atlantic Records
June 25, 2015
Taylor Swift To Put 1989 On Apple Music
WLTW/New York To Celebrate 15 Years Of Broadway In Bryant Park
Report: Six Main Causes of Lost Quarter Hours
June 24, 2015
iHeartMedia Austin Names Zach Dillon Program Director For KHFI
Music News
Demi Lovato Is Feeling "Cool for the Summer"
Quick Hits: Rihanna, Taylor Swift / album sales, Prince
Rockers Breaking Benjamin Land Their First #1 Album
Quick Hits: Rihanna, Robin Thicke, Apple Music, Prince
Chris Brown, Beyoncé Top BET Award Winners
Quick Hits: Shinedown, Rob Thomas, Foo Fighters, AC/DC, Kings of Leon
Yes Bassist Chris Squire Passes Away
FMQB Photo Pass: Rush
Quick Hits: Demi Lovato, Jessie J, Billboard Hot 100 Music Festival
Beyonce & The Weeknd Headlining Made In America Festival
Quick Hits: Pharrell & Adele, Eminem / Southpaw soundtrack, Legacy of Hope concert
Quick Hits: Apple Music, Chris Brown
Quick Hits: Billboard 200, BET Awards, Smashing Pumpkins, Tyga, Riot Fest, The Neighbourhood, Marina and the Diamonds, Roger Waters
Disturbed Ends Four-Year Hiatus with Immortalized
Quick Hits: Janet Jackson, Nickelback, Tove Lo, Rod Stewart, Grateful Dead, James Horner, Hollywood Walk of Fame
FMQB NOW

Brian Mack, PD
WXXL/Orlando

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!