RIAA v. Jammie Thomas, Take Two

For the defendant, Jammie Thomas-Rasset, she had to be thinking that perhaps a retrial was not such a good idea after all, after hearing the verdict.The trial, which began Monday, concluded Thursday with Thomas-Rasset found guilty of willful copyright infringement.  She must now pay the recording industry $1.92 million.

The jury imposed damages against Thomas-Rasset, a huge $80,000 for each of the 24 songs she was found guilty of illegally sharing.  The original 2007 verdict saddled Thomas-Rasset with a $222,000 in damages, or $9,250 per song.

According to Ars, upon hearing the verdict, Thomas-Rasset gasped.

The RIAA stated that the jury's decision reaffirms industry's contention about the legality of its copyright claims. Cara Duckworth, an RIAA spokeswoman said:
"We appreciate the jury's service and that they take this issue as seriously as we do. 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."
The implication, acknowledged by Duckworth, is that the industry would be willing to settle for far less.

Thomas-Rasset is the only person among those threatened with a lawsuit for illegal file-sharing to go to trial.  Last year U.S. District Judge Michael Davis of Duluth, Minnesota, declared a mistrial in the original case, ruling that he erred during jury instructions.

Late in 2008, the RIAA indicated it would no longer pursue file-sharers through legal threats, instead opting to attempt to get ISPs to join a "three-strikes" movement to halt broadband services for someone who has been warned three times for such activity.