In Round 2, Jammie Thomas Jury Awards RIAA $1,920,000

NewYorkCountryLawyer writes “Well the price went up from 50 per song file to ,000 per song file, as the jury awarded the RIAA statutory damages of ,920,000.00 for infringement of 24 MP3s, in Capitol Records v. Thomas-Rasset. In this trial, although the defendant had an expert witness of her own, she never called him to testify, and her attorneys never challenged the technical evidence offered by the RIAA’s MediaSentry and Doug Jacobson. Also, neither the special verdict form nor the jury instructions spelled out what the elements of a ‘distribution’ are, or what needed to be established by the plaintiffs in order to recover statutory — as opposed to actual — damages. No doubt there will now have to be a third trial, and no doubt the unreasonableness of the verdict will lend support to those arguing that the RIAA’s statutory damages theory is unconstitutional.”

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Thursday, June 18th, 2009 Uncategorized