Thomas-Rasset loses second trial against RIAA

Written by Tim Smalley

June 19, 2009 | 14:55

Tags: #copyright #infringement #jammie #kazaa #piracy #rasset #thomas

Companies: #riaa

In a repeat of the verdict from Jammie Thomas-Rasset's first trial, the jury found her guilty of wilful copyright infringement on 24 songs shared over KaZaA.

The new jury, however, were more severe in their judgement, awarding the record labels damages totalling $1.92 million or $80,000 per infringement. The damages award is a massive increase from the previous trial, which ordered her to pay $9,250 per song.

The reason for this is believed to be because Thomas-Rasset changed her story in this trial, presenting arguments that she hadn't used until this point in her four-year fight against the music industry.

She also admitted a major misstep - the hard drive that she handed over to the authorities was not the one in her computer at the time of the alleged infringement in February 2005. Her computer went into Best Buy for repairs in March 2005 after the hard drive mysteriously died - a replacement hard drive was installed by the Best Buy reps at this time and that was the drive she handed over for inspection.

Following the verdict, Thomas-Rasset didn't blame the jury "They did their job and I'm not going to hold it against them," she said before adding that the recording industry would never collect the money. "Good luck trying to get it from me... it's like squeezing blood from a turnip."

Cara Duckworth, a spokesperson for the RIAA, attended the trial and upon conclusion, told reporters: "Since day one we have been willing to settle this case...and we remain willing to do so."

Kiwi Camara, Thomas-Rasset's lawyer, said that there was a settlement on the table, but maintained that it's up to Thomas-Rasset to decide whether she wants to fight on. She suggested that she does want to continue fighting on, even though there's an offer on the table. "[This case was] one for the RIAA, not the end of the war," she said.

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