“Appalling” $1.5m File-Sharing Verdict Slashed To $54,000
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Thread: “Appalling” $1.5m File-Sharing Verdict Slashed To $54,000

  1. #1

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    Default “Appalling” $1.5m File-Sharing Verdict Slashed To $54,000


    A federal court has slashed the verdict in an infamous file-sharing case from $1.5 million to ‘just’ $54,000. U.S. District Judge Michael Davis branded an earlier jury decision in favor of the RIAA and against Jammie Thomas-Rasset as “appalling.” Judge Davis has now overruled a jury three times in this case. The RIAA are reportedly unhappy with the verdict and are considering their options.



    Back in November 2010, Jammie Thomas-Rasset lost her re-retrial against the RIAA.
    The jury found her guilty of infringing the rights of Capitol Records and awarded a $62,500 fine per song punishment.
    Sharing just 24 songs using the file-sharing client Kazaa was set to cost her a cool $1.5 million.
    But now, following a decision by a federal court, that verdict has been slashed to ‘just’ $54,000. In delivering his verdict, U.S. District Judge Michael Davis slammed the November decision.
    “The Court concludes that an award of $1.5 million for stealing and distributing 24 songs for personal use is appalling. Such an award is so severe and oppressive as to be wholly disproportioned to the offense and obviously unreasonable,” Judge Davis wrote in his verdict.
    “In this particular case, involving a first-time willful, consumer infringer of limited means who committed illegal song file-sharing for her own personal use, an award of $2,250 per song, for a total award of $54,000, is the maximum award consistent with due process.
    “This reduced award is punitive and substantial. It acts as a potent deterrent.”
    This latest verdict marks the third occasion that Judge Davis has overruled the decision of a jury in the RIAA’s case against Rasset-Thomas.
    In 2007 a jury hit Jammie Thomas-Rasset with a $222,000 verdict. She appealed and in 2008 a mistrial was declared. Judge Davis ruled that the fines were “disproportionate to the damages suffered.”
    The case went for re-trial before a new jury in 2009 and a guilty verdict was reached yet again, this time with even harsher fines. Thomas-Rasset was ordered to pay $80,000 per infringement, a massive $1.92 million in total.
    Just a few months on and this amount was slashed to $54,000 when the award was deemed unconstitutional.
    In November 2010 the appeal of the retrial was heard and once again the RIAA and Capitol Records came out on top. The jury decided that Thomas-Rasset had to pay a $62,500 fine per shared song, a total of $1.5 million, a verdict which has today been overturned by Judge Davis.
    Today’s decision is unlikely to mark the end of the road in this case. The RIAA are said to be dissatisfied with the result and are reported to be considering their options.

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  3. #2

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    Default Re: “Appalling” $1.5m File-Sharing Verdict Slashed To $54,000

    RIAA needs to work on a whole new business model. This is not the only example of organizations that make money thru the legal system, instead of creating new products and services that people are willing to pay a fair price for. Organizations doing this include Ford, most Pharma, RIM and any number of 'patent trolls'.
    Thanks to JamesG for repping me in

  4. #3
    PROXIE is offline PROXIE's Avatar
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    Default Re: “Appalling” $1.5m File-Sharing Verdict Slashed To $54,000

    I love it how they say "just $54,000" Thats still extremely unreasonable for something so mall, pathetic scum at the RIAA can't make money any other way.

  5. #4

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    Default Re: “Appalling” $1.5m File-Sharing Verdict Slashed To $54,000

    I agree with you Sayocean. As long as it's illegal to download copyrighted music there will be a punishment, but when you see that most songs on iTunes is around a dollar, then after their "lost" have been covered theres still 2.249 $ pr. song to cover lawyers and other expenses.
    54,000 is in no way fair, but at least this in a way affordable where 1.5 mil. can totally ruin any hope of a stable financial future.

    In the end people are still taking this risk to experience some music they might not else have bought or been able to buy.

  6. #5

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    Default Re: “Appalling” $1.5m File-Sharing Verdict Slashed To $54,000

    'Just' 54,000. Still quite a stiff penalty.

  7. #6

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    Default Re: “Appalling” $1.5m File-Sharing Verdict Slashed To $54,000

    i guess the reason they are saying only 54 000 compared to 1.5 mill is that you can easily take out a loan for 54 000 compared to 1.5 mill either way for what they had done its way too high

    if it was me tho id accept the fine/penalty but then tell them i can only afford to pay $5 a week would only take just under 208 years to pay ;)

  8. #7

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    Default Re: “Appalling” $1.5m File-Sharing Verdict Slashed To $54,000

    holy crap...

    about that "only" thing..it's only LOL... :|

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