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June 19, 2009, 12:25 PM ET
24 Songs Shared, Nearly $2-Million in Fines
Jammie Thomas-Rasset’s 2007 trial didn’t end well. That fall Ms. Thomas-Rasset, the first peer-to-peer-piracy suspect whose case reached a civil trial, was found guilty of sharing 24 songs on KaZaA, the once-popular file-sharing service, and ordered to pay $220,000 to Capitol Records. Then she got a second shot: The judge who had heard that case called a mistrial, explaining that he had given the jury improper instructions.
But for Ms. Thomas-Rasset, trial No. 2 turned out far worse than the first one. Yesterday a federal jury again found her guilty of sharing those 24 songs, this time adding charges of “willful infringement,” and hit her with a $1.92-million penalty.
That’s $80,000 per song, a rate that even the RIAA might not have dared to expect. Ms. Thomas-Rasset called the figure “kind of ridiculous,” according to the Associated Press, but she didn’t say whether she would appeal the verdict or pursue a settlement.
The plaintiff, the Recording Industry Association of America, said it was satisfied with the decision. “We are pleased that the jury agreed with the evidence and found the defendant liable,” Cara Duckworth, a spokesperson for the trade group, said in a written statement. “Since day one, we have been willing to settle this case and we remain willing to do so.”
The RIAA didn’t crow about the size of Ms. Thomas-Rasset’s fine, and that might be a smart move. The size of the verdict “may do more to hurt than help the RIAA,” said Ray Beckermann, a lawyer who has frequently opposed the trade group in court, “because it offers a vivid demonstration of how out of sync the RIAA’s damages theory is with decades of case law.” The RIAA has eased up on its once-aggressive legal campaign against piracy, and its decision to lay low may have paid dividends. But as Computerworld‘s Richi Jennings points out, the sheer size of yesterday’s award has generated plenty of blog buzz.
(Folks who are keenly interested in the trial would do well to read Ars Technica’s blow-by-blow coverage.) —Brock Read
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