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First RIAA Case Victim Finally Speaks Out

An anonymous reader writes with a link to an article at P2P Net about the very first victim of the RIAA's file-sharing litigation sweep. The site gave Jammie Thomas the chance to explain in her own words what the last two years have been like. She recounts her experiances with subpoenas, Best Buy, and most of all, stress. Even after all this time, her case is still in legal limbo: "As for what's next, my attorney filed a motion to have the verdict thrown out or to have the judgment reduced based on the constitutionality of the judgment. This is not an appeal, this is a post trial motion. We are currently waiting for the plaintiffs to file their response to our motion. The judge will not make a decision on that motion until after the plaintiffs have filed. The timeline for appeals is we have 30 days after the judge decides all post trial motions before we file any appeals ... I do know personally I cannot allow my case to end this way, with this judgment. My case will be used as a sledgehammer by the RIAA to force other people caught in the RIAA's driftnets to settle, even if they are or are not guilty of illegally sharing music online."

11 of 204 comments (clear)

  1. I'm glad... by Enderandrew · · Score: 4, Insightful

    I'm glad that this person is not thinking solely of themselves, but of further cases down the line. They are fighting on principle against the RIAA to help other people out.

    I wonder if people can donate to their legal fund?

    --
    http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    1. Re:I'm glad... by Seumas · · Score: 4, Interesting

      No. This person was solely thinking of themselves and then decided to align themselves with an existing movement to gain support and assistance based solely on that association for further personal gain. This is a person damaging an existing sentiment and position by trying to make themselves "our" poster-child for being victimized. And because they are such a poor example of other real, legitimate victims in this arena, they have done nothing but deteriorate our position in the long run.

    2. Re:I'm glad... by Solder+Fumes · · Score: 4, Interesting

      Now I'm thoroughly confused. You don't want citizens being brought up on the charges she was brought up on, for doing what she did? Sounds like she SHOULD be your poster child.

      The only reason you don't like her is because she lost. And you are somehow blaming her for that.

  2. Re:Enough with the spin by Spy+der+Mann · · Score: 5, Funny

    She's NOT a victim for having to pay $222,000 because she was "making available" 24 songs? Give me a break. The RIAA are THIEVES and murderers of family lives. They deserve utter and complete financial destruction. With fireworks if possible.

  3. Re:Victim? by st0rmshad0w · · Score: 5, Informative

    Sigh. No. Wrong.

    She was judged to be LIABLE, not guilty, based on the fact that she had offered files for upload, despite earlier cases where such an offering was not considered to be fact enough to prove infringement. A fact which was hidden from the trial judge even tho it was known to the RIAA attorneys, who should have disclosed that to the court.

    This should be tossed on that fact alone.

    Now, when will we see the RIAA sue EMI?

  4. Re:Victim? by Spy+der+Mann · · Score: 5, Insightful

    So in what way is she the victim, again?

    In the way that she was asked to pay $222,000 instead of a couple thousand (or even some hundred dollars, taking into account the price of $0.70 per downloaded song the RIAA gets).

    In short, the RIAA wants her not to pay them back what they "lost", but they want to make an example of her. Just like the UFO hacker who was treated like a terrorist by the Bush administration.

  5. Re:Enough with the spin by wizardforce · · Score: 5, Interesting

    Why do people keep supporting these F---s? Stop feeding their legal tirades; stop buying their music, stop copying their music. The last thing you want to do is make their music more popular. Support indie bands instead, put your money where your mouth is and hopefully that will help create a new music-based economy that isn't so draconian.

    --
    Sigs are too short to say anything truly profound so read the above post instead.
  6. Re:Enough with the spin by Spy+der+Mann · · Score: 5, Interesting
    yet somehow SHE is innocent and the people representing the artists are the thieves? WHAT THE FUCK ARE YOU ON?

    Well, if you think paying $20 for a DRM'ed CD full of crappy, with low-audio quality music at the same price that a vinyl disc in the old times is NOT a ripoff, then I ask what the fuck are YOU on.

    And here's a proof that the RIAA are *NOT* representing the artists:

    "Has anyone seen the price come down? Okay, well, you know what that means - STEAL IT. Steal away. Steal and steal and steal some more and give it to all your friends and keep on stealin'. Because one way or another these motherfuckers will get it through their head that they're ripping people off and that that's not right."
    Trent Reznor. Frontman of Nine Inch Nails.

  7. Re:Enough with the spin by Tim+C · · Score: 5, Insightful

    Well, if you think paying $20 for a DRM'ed CD full of crappy, with low-audio quality music at the same price that a vinyl disc in the old times is NOT a ripoff, then I ask what the fuck are YOU on.
    So it's a rip off, so don't buy it. That doesn't give you the right to break the law by copying it without permission.
  8. Re:Victim? by vux984 · · Score: 4, Insightful

    So kind of like when you steal a candy bar from a store and the only punishment is to pay back the 55 cents for the candy bar?

    Your right, its more than $.55. But what is the actual punishment for that? Is it it $200,000? No. I didn't think so either. Not even if you stole 24 of them. Not even if you stole 240 of them. Seems to me $220,000 is right out of line.

    The way I see it is she paid $2,000 for the activity and she paid $220,000 as a penalty for trying to run and hide under the cloak of the anti-RIAA movement to get herself out of a jam

    I see. So if you stole 24 candybars, and then plead not guilty, and tried to get sympathy because you stole them from WalMart who is disliked by a big chunk of society, so you tried to ride that wave of discontent -- THEN you should have to pay $220,000??

    Sorry, nope still I don't see it. You still only stole 24 candybars. Your penalty should be based on what you actually did, not the defence strategy. If you want to punish her for "trying to hide under the cloak of the anti-RIAA movement" charge her separately with that, and convict her for it. Otherwise get bent. (Good luck with that by the way, since its not even remotely illegal. And besides the RIAA itself is a cloak the labels hide under to hide from any negative PR blowback for what they do while wearing that cloak.)

  9. Re:Enough with the spin by no_opinion · · Score: 5, Interesting

    If you want to be taken seriously, you need to have some grip on reality.
    1) CDs are not $20
    2) CDs are not DRMed, and haven't been for a while now. Even when there was DRM, it was only on a handful of CDs.
    3) The quality of music on CDs is not low quality.
    4) Trent is the exception, not the rule. Successful artists like Trent can afford to go it alone and don't speak for the vast majority of artists on record labels who are struggling to make it. For evidence, you only need to look at which and how many artists are speaking out. There simply isn't an outcry, and one artist doesn't make a movement.
    5) Anyone who suggests $10-$13 is a rip-off for a CD needs to think about the fact that that is the same as 3 cups of coffee at starbucks and often less than the price of a new book. Think about the amount of use you get out of an album.
    6) Read what the jurors wrote. She's clearly guilty, and even her legal strategy acknowledges that. What she's trying to do now is get her sentence reduced.

    People who make creative works for a living deserve to get paid, if that's what they want (Radiohead and others can give their stuff away for free if they want). The rights of the many (pirates) don't outweigh the rights of the few (creators). No one is fooled by the indignation of those who wave the banner of "fair use". Everyone knows the vast majority of these people are just pirates, trying to protect their own hides.