RIAA witness expected lower fine for Thomas

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23 Jun 09 23:12 by Randomus in category Uncategorized To news archive

The Recording Industry Association of America (RIAA) has taken only one person to trial for file sharing, and recently won a whopping $1.92 million settlement against the person who elected to go to trial over paying a lump sum fine.

The fine against Jammie Thomas was  so large that even one of the RIAA’s primary witnesses in the trial, Sony, had one of its attorneys come forward and say he was "shocked" at the size of the fine handed down against  Thomas.

"We were shocked," according to Sony attorney Gary Wade Leak.  "I suspected we were going to win, but I really thought they would come in with a lower number.

The fine, for downloading 24 copyrighted songs through the Kazaa peer-to-peer file sharing network, equates to about $80,000 per song. 

Thomas first went to trial against the RIAA in 2007, which she lost  and was ordered to pay $222,000, but the judge ruled it a mistrial and ordered a new trial.

It’s possible the $1.92 million fine will be pushed down down to $222,000 — or less — as it’s impossible Thomas will be able to pay the fine.

The RIAA has said it will move away from suing individual file sharers and will instead focus on having Internet service providers (ISPs) crack down on file sharers.  Prior to this decision, the RIAA has filed more than 35,000 John Doe lawsuits against alleged file sharers, who routinely paid between $3,000 and $8,000 in fines.

Despite thousands of lawsuits, Internet piracy has continued to be an epidemic that lawsuits obviously couldn’t slow down.

7 Comments

whaledad
Posts: 23
Posted on: 24 Jun 09 05:55
"The fine, for downloading 24 copyrighted songs..."
You guys keep getting it wrong. She's accused of DISTRIBUTING 24 songs via P2P, not DOWNLOADING them.
Crabbyappleton
Posts: 5756
Posted on: 24 Jun 09 16:32
Exactly. In addition, she had an opportunity to settle for 1800 dollars at the beginning, but refused. It is also reported that her demeanor during the jury trial was offensive to the jury and it is felt this hurt her quite a bit. She is her own worst enemy.
DrageMester
Posts: 17011
Posted on: 24 Jun 09 21:32
No matter how "offended" the jury is, this doesn't give them the right to seek personal revenge by setting a ridiculously high punishment!
Crabbyappleton
Posts: 5756
Posted on: 25 Jun 09 00:17
What it does is make them less sympathetic to her and it makes it easier for them to side with the plaintiff- the RIAA. Then when the punishment phase comes around ...look out!
kevpc
Posts: 1
Posted on: 26 Jun 09 16:57
ridiculous amount! those that decided the fine would soon complain if they were on the receiving end after doing something, which is, in crime terms, pretty small. lesser amounts have been awarded for offences that are much more serious
mytoys666
Posts: 1
Posted on: 26 Jun 09 19:02
who cares what the fine is if you have neither the intention nor the assets to pay it, this is all mental masturbation and a waste of taxpayer money
mjke
Posts: 1
Posted on: 01 Jul 09 02:21
When Washington's Puget Sound Energy was sued for a drunk crashing into a pwoer line and becomeing disabled by the shock ( think it was his brother who was driving)..the jury gave the largest settlement of the time. Then the power bill for everyone in the state skyrocketed. woops.

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