RIAA prepares for third trial in file sharing case

James Delahunty
27 Jan 2010 21:34

The Recording Industry Association of America (RIAA) is preparing for a third trial to once again determine damages, which have so far ranged from $54,000 to $1.92 million, to be paid by Jammie Thomas-Rasset who has been accused (and found guilty) of sharing 24 songs illegally on file sharing networks. Last year, the mother of four from Minnesota was ordered to pay $1.92 million in damages for sharing the music.
Last week, Chief U.S. District Judge Michael Davis reduced the damages to $54,000, declaring that the $1.92 million figure was "monstrous and shocking." The RIAA was given until Wednesday to accept the decision or to reject it, which would result in a new trial. The trade group announced it will reject the decision and go to another trial, as Thomas-Rasset turned down an opportunity to settle the case.
Attorneys for Thomas-Rasset said she would not accept a settlement offer from the RIAA, which would have her paying $25,000 to a charity for struggling artists. "Jammie is not going to agree to pay any amount of money to them," Attorney Joe Sibley said, adding that it doesn't matter to Thomas-Rasset whether the damages are $25,000 or $1.92 million.
"For her, it's all the same. She just doesn't have the money to pay any of those, and it would be financially ruinous," Sibley said. She will continue to fight the case on principal, believing that the statutes that allow for such hefty damages in these types of cases are wrong.
"It is a shame that Ms. Thomas-Rasset continues to deny any responsibility for her actions rather than accept a reasonable settlement offer and put this case behind her," said RIAA spokeswoman Cara Duckworth.

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