Wednesday, July 8, 2009

Jammie Thomas challenges "monstrous" $1.92M P2P verdict

It was only a matter of time: Jammie Thomas-Rasset has asked the federal judge overseeing her file-sharing lawsuit to toss the $1.92 million damage award, reduce it to the statutory minimum of $18,000, or grant her a new trial.

The motion, filed today in Minnesota federal court, is blunt. "The verdict in this case was shocking," it begins. "For 24 songs, available for $1.29 on iTunes, the jury assessed statutory damages of $80,000 per song—a ratio of 1:62,015. For 24 albums, available for no more than $15 at the store, the jury assessed statutory damages of $80,000 per album—a ratio of 1:5,333. For a single mother's noncommercial use of KaZaA, and upon neither finding nor evidence of actual injury to the plaintiffs, the judgment fines Jammie Thomas $1.92 million. Such a judgment is grossly excessive and, therefore, subject to remittitur as a matter of federal common law."

Source: Ars Technica

No comments: