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Minnesota Mom Ordered to Pay $1.92M for Illegal Downloads
EFF claims the anti-piracy suit, one of the last vestiges of RIAA's lawsuit frenzy, may be unconstitutional because of the excessive damages.
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RIAA is now focusing its anti-piracy efforts on Internet service providers. Jammie Thomas-Rasset downloaded songs from Kazaa before it was legal.


06.19.2009 — A Brainerd, Minn., woman has to pay recording companies $80,000 per song for 24 titles that she downloaded from file-sharing sites like Kazaa.

Jammie Thomas-Rasset, 32, will owe a total of $1.92 million in damages.

Good luck with that.

The St. Paul Pioneer Press quotes the mother of four: "There's no way they're ever going to get that. … I'm a mom, limited means, so I'm not going to worry about it now."

Fred von Lohmann, an attorney with the Electronic Frontiers Foundation, suggests that the award could face constitutional challenges.

First, the Supreme Court has made it clear that “grossly excessive” punitive damage awards (e.g., $2 million award against BMW for selling a repainted BMW as "new") violate the Due Process clause of the U.S. Constitution. …

Second, recent Supreme Court rulings suggest that a jury may not award statutory damages for the express or implicit purpose of deterring other infringers who are not parties in the case before the court. In other words, the award should be aimed at deterring this defendant, not giving the plaintiff a windfall in order to send a message to others who might be tempted to infringe.

The lawsuit is one of the last vestiges of the recording industry's anti-piracy campaign. The RIAA said last year that it would stop filing lawsuits like this and will focus on working with Internet service providers to stop illegal file-sharing.

EFF attorney Corryne McSherry says, "This case could end up being the tail end of a frankly shameful and certainly failed campaign to go after users."

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Julie Jacobson, Editor-at-large, CE Pro
As a co-founder of EH Publishing in 1994, Julie has edited and contributed to all of the company's publications at one time or another. An authority on home automation, networking, integration, digital convergence and the CE pro channel, Julie speaks often about these subjects at industry events. She graduated with a B.A. in Economics from the University of Michigan, and received an MBA from the University of Texas at Austin. Julie is a washed-up Ultimate Frisbee player.
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Comments

Posted by Jason Knott  on  06/19  at  09:57 AM

“Only in Minnesota” could this happen.

Posted by Joel DeGray  on  06/19  at  11:54 AM

I wonder how much the RIAA will pass on to ASCAP??

Posted by Shawn  on  06/19  at  01:26 PM

Here are the facts:
The accused UPLOADED 1702 songs to a P2P website in 2005 and in her first trial the plaintiff wanted to settle for $38,000 but she said no.
I not a big fan of the RIAA but she was stupid for uploading that many songs and not settling.

Posted by taz  on  06/19  at  02:02 PM

Shawn, I’m confused. $38k would still make it $22 per song. By Uploading, this simply means she had the songs on her hard drive and the P2P program took what was requsted. SO this is too much $$ simply for being part of a p2p program and having songs on your hard drive.

Glad this doesn’t happen in Canada grin

Posted by Shawn  on  06/19  at  03:04 PM

taz,
Uploading(or distributing) copyrighted material is illegal in the US,if you read the news link above the plaintiffs wanted to settle back in 2007 but the defendant said no,she also lied to a jury(perjury).
Stupid people such as the defendant get no sympathy from me.

Posted by Julie Jacobson  on  06/19  at  03:13 PM

Jason K: Thanks a lot.

Shawn: The prosecution claimed she uploaded 1702 songs, but made it simpler for their case by just trying to prove 24 very specific titles they could prove.

Posted by Joel DeGray  on  06/20  at  08:23 AM

P2P downloading / file sharing (In 2009) is now well understood and known to be wrong. The $38K offer to settle was also wrong, and ridiculus.
It does not help their rightful position or image.

Posted by Jim  on  06/20  at  02:13 PM

Why a jury would award this outrageous amount to the RIAA lobby for 24 songs is beyond me. Did the judge say here is the law, so the jury could only rule one way? If there ever was a time for jury nullification then this is it.  This was not justice.

Posted by Julie Jacobson  on  06/20  at  02:43 PM

OK, so the real deal behind the jury’s decision was simply that this woman was unlikable—unrepentant, lying, changing her story, and suggesting her children or ex-husband could have done it. That was according to an NPR story recently but I can’t find the link.

Posted by 39 Cent Stamp  on  06/20  at  04:38 PM

Ridiculous!

If i were her i would buy a laptop off ebay and sit at coffee shops stealing movies, music and for the rest of my life… just for spite.

She should make a counter offer and only pay for the good songs smile

Posted by As If  on  06/21  at  12:43 PM

Since all you guys see nothing wrong with stealing music and movies, I guess you wouldn’t have a problem with someone coming in and stealing what you’ve produced.

Posted by Julie Jacobson  on  06/21  at  01:14 PM

@as if ... I’m pretty sure no one here has suggested that. The penalty simply didn’t fit the crime.

Posted by joel degray  on  06/21  at  03:44 PM

I wonder how much it would have been if it were lossless…

Posted by 39 Cent Stamp  on  06/21  at  09:35 PM

I would have pinned it on the youngest kid and paid him off with candy to keep his mouth shut.

Posted by Big Wes  on  06/22  at  01:01 PM

Stealing music is wrong, but so are these egregious damages.  This case is a shining example of why I have not bought a single CD or digital download released by a member label of the RIAA in over a year.  I’m not supporting these legal witch hunts with my wallet.  There is plenty of good music available on indie labels, and I support those artists by buying their music and attending their shows.

Posted by Sean  on  06/28  at  10:32 AM

Foolish is the person who steals.
38K?  Why not? What, now that she’s caught she should be given a “bargain” price (or the going Itunes value) to pay? Where is the deterrent in that? This broad is a thief. She got caught.
Garnish her wages, take her car, grab her house.
I’m soooooooooo tired of this “argument”.
This is no different than someone stealing your credit card number and profiting from it.
Oh, except the people being harmed are companies and “rich music stars”.  Equal justice under the law folks.  Grow up America.  You want something? Pay for it.  Stealing is wrong (regardless of how “easy” the internet now makes it).

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