Jammie Appeals, Citing "Excessive" Damages

Peerless writes "Capitol v. Thomas defendant Jammie Thomas has officially appealed the RIAA's $222,000 copyright infringement award. She is seeking a retrial to determine the RIAA's actual damages, arguing that the jury's award was 'unconstitutionally excessive': 'Thomas would like to see the record companies forced to prove their actual damages due to downloading, a figure that Sony-BMG litigation head Jennifer Pariser testified that her company "had not stopped to calculate." In her motion, Thomas argues that the labels are contending that their actual damages are in the neighborhood of $20. Barring a new trial over the issue of damages, Thomas would like to see the reward knocked down three significant digits — from $222,000 to $151.20.'"

Comments

The [RIAA] spokesman told Ars.,

[mrjb]

"We will continue to defend our rights." Hello spokesman. Please define 'defend', 'our' and 'rights'. Attacking people is not defense, it is offense. Also, it looks more and more as though you are acting in the interest of the RIAA itself rather than the artists that it represents. As for 'rights', you have the right to exist as long as you add value.