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Author Topic: Woman Hit With $1.92 Million Fine in RIAA Case  (Read 9129 times)

Offline olddays1

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Woman Hit With $1.92 Million Fine in RIAA Case
« on: June 19, 2009, 02:43:34 am »
Woman Hit With $1.92 Million Fine in RIAA Case
Written by Ernesto on June 19, 2009

http://torrentfreak.com/woman-hit-with-192-million-fine-in-riaa-case-090619/

Jammie Thomas-Rasset has lost her retrial against the RIAA and was ordered to pay $1.92 million for 24 songs she shared via Kazaa. The defense had argued that it might have been her children who shared the files instead of Thomas-Rasset, but the jury didn’t buy this and found her guilty.

In 2007 a jury slapped the single mother with a $222,000 verdict in her case against the RIAA, which she later appealed. When the case between Thomas-Rasset and the RIAA was declared a mistrial last year, the judge ruled that the fines were “disproportionate to the damages suffered.”

The case went up for re-trial before a new jury, who found her guilty and surprisingly handed out even harsher fines than in the first trial. Thomas-Rasset was ordered to pay $80,000 per infringement mounting up to a total of $1.92 million in fines.

Thomas-Rasset, like many others, couldn’t believe her ears when the court read out the verdict, and later said that it was “kind of ridiculous”.

Unlike most people, Thomas-Rasset never opted to settle with the RIAA, determining that she had the law on her side. Unfortunately for her the jury in this landmark case ruled she did not.

“We appreciate the jury’s service and that they take this issue as seriously as we do,” said Cara Duckworth, an RIAA spokeswoman. “We are pleased that the jury agreed with the evidence and found the defendant liable. Since day 1, we have been willing to settle the case and remain willing to do so.”

In the US juries can hand out fines up to an unbelievable $150,000 per infringement on a single song. The average settlement in related RIAA cases is around $3000, which is peanuts considering this recent verdict. In this light many people might be inclined to settle with the RIAA even when they don’t even own a computer.

Offline olddays1

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Re: Woman Hit With $1.92 Million Fine in RIAA Case
« Reply #1 on: June 23, 2009, 08:39:42 am »
Moby: The RIAA Needs to be Disbanded
Written by Ernesto on June 20, 2009

http://torrentfreak.com/moby-the-riaa-needs-to-be-disbanded-090620/

The two million dollar fine handed out to Jammie Thomas by a Minnesota jury this week hasn’t done the music industry’s image much good. While lawyers and high level managers at the major labels cracked open the Champagne, artists such as Moby and Radiohead shook their heads in shame at what the music world has become.

Earlier this week the case of Jammie Thomas versus the RIAA went up for re-trial before a new jury. She was found guilty of sharing 24 songs using Kazaa and ordered to pay $80,000 per infringement, which all mounted to a total of $1.92 million in fines.

High ranking people at the record labels soon declared victory claiming that justice had been served. However, many of the artists to which the record label executives owe their well paid salaries are disgusted by the outcome of the case and the witch-hunt on their fans.

One of the artists that has shared his disappointment at the disproportionate fines is the American musician Moby. “Argh. what utter nonsense,” he writes on his website. “This is how the record companies want to protect themselves? Suing suburban moms for listening to music? Charging $80,000 per song?” he questions.



“I don’t know, but ‘it’s better to be feared than respected’ doesn’t seem like such a sustainable business model when it comes to consumer choice. How about a new model of ‘it’s better to be loved for helping artists make good records and giving consumers great records at reasonable prices’?”

Moby is right that the sue and scare tactics of the RIAA are not the ideal business model in the long run. However, thus far they have made millions from all the settled cases alone. In recent years over 30,000 people have allegedly settled with the RIAA for an average of $3500 dollars. This means that the RIAA have raked in more than 100 million dollars without even having to go to court.

In the UK, a coalition of top artists have spoken out against the actions of a music industry that chooses to criminalize their fans, and expressed their growing discomfort with record labels abusing copyrights for their own benefit.

Radiohead, who are also part of the coalition, even showed interest in testifying against the RIAA in the case of a Boston University student also accused of sharing several music recordings. Tenenbaum’s troubles started in 2003 when the RIAA rejected an offer to settle for $500. After a few more settlement attempts and legal quibbles, the case eventually went to court.

Moby, a proponent of Net Neutrality - another topic dear to most file-sharers - is equally dissatisfied with the RIAA’s tactics. In his view, it would be better for both artists and fans to end all the legal quibbles and focus on the art of music instead.

“I’m so sorry that any music fan anywhere is ever made to feel bad for making the effort to listen to music,” Moby writes, ending his blog post with some solid advice for the record labels that pump millions of dollars into the non-profit organization.

“The RIAA needs to be disbanded,” he writes.

Offline chip!

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Re: Woman Hit With $1.92 Million Fine in RIAA Case
« Reply #2 on: June 25, 2009, 02:48:06 am »
this is insane...   how is she expected to pay that???
  -  https://convivea.com  -   And...  boom goes the dynamite.

Offline olddays1

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Re: Woman Hit With $1.92 Million Fine in RIAA Case
« Reply #3 on: June 25, 2009, 08:59:56 am »
  If I were on the jury I would have awarded the RIAA the amount of money they asked for in their original shakedown letter, with no legal expenses. 80 grand per song??

  It is insane.