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Jammie Thomas Moves To Strike RIAA $1.92M Verdict
NewYorkCountryLawyer writes "Jammie Thomas-Rasset has made a motion for a new trial, seeking to vacate the $1.92 million judgment entered against her for infringement of 24 MP3 files, in Capitol Records v. Thomas-Rasset. Her attorneys' brief (PDF) argues, among other things, that the 'monstrous' sized verdict violates the Due Process Clause, consistent with 100 years of SCOTUS jurisprudence, since it is grossly disproportionate to any actual damages sustained. It further argues that, since the RIAA elected to offer no evidence of actual damages, either as an alternative to statutory damages, or to buttress the fairness of a statutory damages award, the verdict, if it is to be reduced, must be reduced to zero."
Would you have been able to estimate the fine before this trial?
-fb Everything not expressly forbidden is now mandatory.
... to illegally download music. Heaven forbid that a corporation dare to try and make money. The law says that you should not download music without paying for it, and people who do so are in clear violation of the law. Why this site is full of proponents of such vile activities escapes me, especially when a good 90% of them probably get up in arms about Microsoft's various violation of the law (albeit a different law).
I think she got off light. She should have had to pay infinity billion dollars and spend the rest of her life in Guantanamo Bay.
Perhaps it you that fails at phrasing the question.
Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.