[net-gold] INTERNET: FILE SHARING : LAW: CASE: DECISIONS: $2m File-Sharing Fine Slashed to $54,000

  • From: "David P. Dillard" <jwne@xxxxxxxxxx>
  • To: Net-Gold <Net-Gold@xxxxxxxxxxxxxxx>, Temple University Net-Gold Archive <net-gold@xxxxxxxxxxxxxxxxxxx>, Temple Gold Discussion Group <TEMPLE-GOLD@xxxxxxxxxxxxxxxxxxx>, Net-Gold <net-gold@xxxxxxxxxxxxxxxx>, Sean Grigsby <myarchives1@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxx>, Educator Gold <Educator-Gold@xxxxxxxxxxxxxxxx>, K12AdminLIFE <K12AdminLIFE@xxxxxxxxxxxxxxx>, Net-Platinum <net-platinum@xxxxxxxxxxxxxxx>, NetGold <netgold@xxxxxxxxxxxxxxx>, "Net-Gold @ Nabble" <ml-node+3172864-337556105@xxxxxxxxxxxxx>, K-12ADMINLIFE <K12ADMIN@xxxxxxxxxxxxxxxxxxx>, MediaMentor <mediamentor@xxxxxxxxxxxxxxx>, Digital Divide Diversity MLS <mls-digitaldivide@xxxxxxxxxxxxxxx>, net-gold@xxxxxxxxxxxxx
  • Date: Mon, 25 Jan 2010 08:31:58 -0500 (EST)



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INTERNET: FILE SHARING :
LAW: CASE: DECISIONS:
$2m File-Sharing Fine Slashed to $54,000



$2m File-Sharing Fine Slashed to $54,000
Page last updated at 10:27 GMT, Monday, 25 January 2010
BBC News
<http://news.bbc.co.uk/2/hi/technology/8478305.stm>


An American woman told to pay $2m (1.23m) for sharing 24 songs over the internet has had her fine slashed.

Following an appeal, Jammie Thomas-Rasset has now been ordered to pay the Recording Industry Association of America (RIAA) $54,000 (33,420).

The judge who reduced the fine said the original multi-million dollar claim by the industry body was "monstrous".

Ms Thomas said her legal team was looking at ways to get the fine reduced even more.

"Whether it's $2m or $54,000, I'm a mom with four kids and one income and we're not exactly rolling in that kind of dough right now," she said.

Shocking

The RIAA first took legal action against Ms Thomas in 2007. She was accused of pirating almost 2,000 tracks but the record companies sought damages for only 24 of them.


<snip>


"The need for deterrence cannot justify a $2m verdict for stealing and illegally distributing 24 songs for the sole purpose of obtaining free music," wrote Judge Michael Davis who heard the appeal.

US law allows recording companies to ask for damages of between $750 and $30,000 for each song illegally downloaded.




Reduced award called too high in music piracy case
Lower penalty of $54,000 against Thomas-Rasset is excessive, says lawyer
By Jaikumar Vijayan
January 22, 2010 04:46 PM ET
Computer World
<http://www.computerworld.com/s/article/9147598/
Reduced_award_called_too_high_in_music_piracy_case_>


A shorter URL for the above link:


<http://tinyurl.com/ykzoasp>


But even the reduced amount of $54,000 is huge and is likely substantially higher than what the court would have awarded on its own discretion if a jury had not been allowed to determine the damages, said Ray Beckerman, a New York-based lawyer who has handled several music piracy lawsuits.

"It is obviously a great improvement, but it is still excessive," Beckerman said. "It seems to be based on the judge's conclusion that [Thomas-Rasset] lied under oath." What's surprising, however, is the fact that Judge Michael Davis did not rule on the constitutionality of the damages awarded by the jury, Beckerman said.

The Recording Industry Association of America, which is representing the music labels in this case, has seven days to accept or reject the award. If it rejects it, the case will likely head for another trial. In a statement sent via e-mail, RIAA spokeswoman Cara Duckworth said the industry body is still reviewing the decision and declined further comment.

Thomas-Rasset's lawyer could not be reached immediately for comment.

Thomas-Rasset was found liable last June of willfully infringing the copyrights on 24 songs and was ordered to pay damages of $1.92 million to the six music labels whose songs she was accused of pirating.


<snip>


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