The Recording Industry Association of America (RIAA) accused Thomas-Rasset of copyright infringement in 2006 in a suit filed in U.S. District Court for the District of Minnesota and the case has gone back and forth ever since. First,
Toshiba Portege R700-S1332 PT311U-01202V, Thomas-Rasset refused to settle the copyright complaint brought against her by the RIAA,
Sony HDR-FX1, the trade group representing the four major music labels. Then,
Sony PDW-530, two juries found her liable for large awards but both of those were tossed out by Davis.
Jammie Thomas-Rasset
Last year,
Sony NEXVG10 Interchangeable Lens Handycam Camcorder, Rasset was ordered to pay $62,
Sony HDR-HC7,500 for each of the 24 songs she was accused of uploading illegally to the Web but in a decision by U.S. District Court Judge Michael Davis that sum was lowered to $2,
Canon HV20,250 per song. The total damages award she is required to pay now has fallen from $1.5 million to $54,
JVC GY HM100U,000. Lawyer and blogger Ben Sheffner broke the news about the latest decision and posted a copy of the order here.
Davis wrote in his decision: "The court is intimately familiar with this case. It has presided over three trials on this matter and has decided countless motions. It has grappled with the outrageously high verdict returned in a case that was the first of its kind to go to trial. The court is loath to interfere with the jury's damages decision. However,
Canon EOS 7D, the Constitution and justice compel the Court to act."
(Credit:
Jammie Thomas-Rasset)
An RIAA spokesman was not immediately available for comment. Thomas-Rasset's lawyers were also unavailable.
Last year,
Panasonic AG-HMC150, a third jury of Thomas-Rasset's peers voted against her. Since she had already been found liable of copyright infringement,
Canon EOS 1D Mark IV, the third jury was tasked only with determining what she should pay in damages. They came down hard,
Sony HDR-AX2000, assessing an amount of $62,
Canon Wide Angle EF 35mm f/1.4L USM Autofocus Lens,500 for each of the songs she was accused of illegally sharing. The total damages she was ordered to pay was $1.5 million.
In Davis' decision,
Canon EOS 5D Mark II, he makes it clear that he supports the jury's decision that Thomas-Rasset is liable for copyright infringement and he notes the importance of protecting copyrights. He also found that Thomas-Rasset deserves to be punished. "She lied in her trial testimony by denying responsibility for her infringing acts and instead,
ThinkPad T420s, casting possible blame on her children and ex-boyfriend for her actions."
"To protect the public's interest in enforceable copyrights,
toshiba TOS S3440, to attempt to compensate plaintiffs,
Sony HDR-CX500V, and to deter future copyright infringement,
Canon XL1, Thomas-Rasset must pay a statutory damages award,
Apple MacBook Air Summer 2009," Davis wrote. "Plaintiffs have pointed out that Thomas-Rasset acted willfully,
Sony HXR-MC50U, failed to take responsibility,
Sony Z134GX/B, and contributed to the great harm to the recording industry inflicted by online piracy in general. These facts can sustain the jury's conclusion that a substantial penalty is warranted. However,
Sony HDR-CX700V, they cannot justify a $1.5 million verdict in this case."
Just where the RIAA can go from here is unclear. We're trying to find out what the next step is in this case. Is yet another appeal by the RIAA possible? Will we see another jury trial or is Thomas Rasset headed for the U.S. Supreme court?
A federal court has once again lowered the damages award for Jammie Thomas-Rasset,
Canon Vixia HF11, the Minnesota woman found liable for copyright infringement by multiple juries.
But he agrees with Thomas-Rasset's lawyers that the amount of damages awarded by the jury is extreme.
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