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P2P Pirate Mom Seeks New Trial

Wants $220,000 jury judgment thrown out

By Peter Fearon,  Newser Staff

Posted Oct 15, 2007 10:38 PM CDT
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(Newser) – A single mom recently hit with a $220,000 penalty for P2P file-sharing of copyrighted music online is asking for a new trial, or a reduction of damages to between$0 and $150. News.com reports that attorneys for Jammie Thomas, the first person ever brought to trial for file-sharing, plan to argue that damages awarded to the recording industry are excessive.

Attorneys Brian Toder and Bryan Bleichner cite an analysis which claims the recording industry receives only 70 cents for each track legally downloaded on the Internet. Thomas was found to have merely shared 24 songs, none of which were shown in her recent trial to have been downloaded by others. "Any award above and beyond actual damages or harm suffered is purely punitive," her lawyers say.

Jammie Thomas of Brainerd, Minn. walks out of the U.S. District Court in Duluth, Minn. Tuesday, Oct. 2, 2007, after jury selection on the first day of her civil trial for alleged music pirating through illegal sharing of song files. Thomas, a 30-year-old mother of two, is the first...
Jammie Thomas of Brainerd, Minn. walks out of the U.S. District Court in Duluth, Minn. Tuesday, Oct. 2, 2007, after jury selection on the first day of her civil trial for alleged music pirating through...   (Associated Press)
Jammie Thomas of Brainerd, Minn., right, leaves the federal courthouse with her attorney, Brian Toder of Minneapolis after the jury returned a verdict against her on the third and final day of her civil trial for alleged music pirating through illegal sharing of song files in Duluth, Minn., Thursday, Oct....
Jammie Thomas of Brainerd, Minn., right, leaves the federal courthouse with her attorney, Brian Toder of Minneapolis after the jury returned a verdict against her on the third and final day of her civil...   (Associated Press)
Jammie Thomas of Brainerd, Minn., speaks with reporters during a midday break in her civil trial in federal court in Duluth, Minn., Thursday, Oct. 4, 2007. She is the defendant in a Recording Industry Association of America lawsuit. (AP Photo/Julia Cheng)
Jammie Thomas of Brainerd, Minn., speaks with reporters during a midday break in her civil trial in federal court in Duluth, Minn., Thursday, Oct. 4, 2007. She is the defendant in a Recording Industry...   (Associated Press)
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Technology • Money • US

 
file sharing • RIAA • Kazaa • Jammie Thomas • Michael Davis • Aram Sinnreich • Brian Toder • Bryan Bleichner • UMG v. Lindor • excessive damages

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