Printed from http://www.electronista.com

Department of Justice supports RIAA in Thomas verdict

updated 04:50 pm EST, Tue December 4, 2007

DoJ supports Thomas ruling

The Department of Justice has come out in support of damages awarded to the RIAA, a brief from the government body suggests. Jammie Thomas, a single mother who was successfully sued by the RIAA for sharing music on Kazaa, and was initially fined $9,250 per song for a total of $220,000. As a part of her appeal though, she challenged the constitutionality of the judgment, noting that the Copyright Act only allows statutory damages between $750 and $150,000. This, Thomas claimed, meant her punishment violated the Due Process clause of the Constitution, particularly since record labels only earn an average of 70 on the dollar for each track.

The RIAA replied by claiming that statutory damages do not have to be related to actual awarded amounts, and that more importantly, neither Thomas or her lawyer objected to jury instructions which allowed consideration of all possible statutory damages under the Copyright Act. In addition to supporting the above statements, the DoJ notes that statutory damages are meant to compensate losses which are less tangible, although it admits that the true extent of Thomas' file sharing is unknown.

The last point may suggest that the DoJ also agrees with the trial judge's interpretation of piracy, which is that users need only "make available" files online, rather than expressly send them to someone. [via Ars Technica]



By Electronista Staff
Post tools:

TAGS :

toggle

Comments

Login Here

Not a member of the MacNN forums? Register now for free.

toggle

Network Headlines

toggle

Most Popular

Sponsor

Recent Reviews

Sound Blaster Roar Bluetooth speaker

There could very well be a new king of the hill for Bluetooth speakers, with Sound Blaster's recent entry into the marketplace. Bringi ...

Kenu Airframe Plus

Simple, stylish and effective, the Kenu Airframe + portable car mount is the latest addition to Kenu's lineup. Released earlier this y ...

Plantronics Rig Surround 7.1 headset

Trying to capture the true soundscape of video games can be a daunting task. Looking to surround-sound home theater options, users hav ...

Sponsor

toggle

Most Commented

 
toggle

Popular News