Post by caseagainstfaith on Jul 22, 2011 10:58:55 GMT -5
A federal court has once again lowered the damages award for Jammie Thomas-Rasset, the Minnesota woman found liable for copyright infringement.
Rasset was ordered last year to pay $62,500 for each of the songs she was accused of uploading illegally to the Web but now that sum has been lowered to $2,250 per song. The total damages award she is required to pay now has fallen from $1.5 million to $54,000. Lawyer and blogger Ben Sheffner broke the news about the latest decision and posted a copy of the order here.
In Davis' decision, he makes it clear that he supports that decision by the juries that Thomas-Rasset is liable for copyright infringement and he notes the importance of protecting copyrights. But he agrees with Thomas-Rasset that the amount of damages awarded is extreme.
"To protect the public's interest in enforceable copyrights to attempt to compensate plaintiffs, and to deter future copyright infringement, Thomas-Rasset must pay a statutory damages award," Davis wrote. "Plaintiffs have pointed out that Thomas-Rasset acted willfully, failed to take responsibility, and contributed to the great harm to the recording industry inflicted by online piracy in general. These facts can sustain the jury's conclusion that a substantial penalty is warranted. However, they cannot justify a $1.5 million verdict in this case."
Rasset was ordered last year to pay $62,500 for each of the songs she was accused of uploading illegally to the Web but now that sum has been lowered to $2,250 per song. The total damages award she is required to pay now has fallen from $1.5 million to $54,000. Lawyer and blogger Ben Sheffner broke the news about the latest decision and posted a copy of the order here.
In Davis' decision, he makes it clear that he supports that decision by the juries that Thomas-Rasset is liable for copyright infringement and he notes the importance of protecting copyrights. But he agrees with Thomas-Rasset that the amount of damages awarded is extreme.
"To protect the public's interest in enforceable copyrights to attempt to compensate plaintiffs, and to deter future copyright infringement, Thomas-Rasset must pay a statutory damages award," Davis wrote. "Plaintiffs have pointed out that Thomas-Rasset acted willfully, failed to take responsibility, and contributed to the great harm to the recording industry inflicted by online piracy in general. These facts can sustain the jury's conclusion that a substantial penalty is warranted. However, they cannot justify a $1.5 million verdict in this case."
source - news.cnet.com/8301-31001_3-20081934-261/jammie-thomas-judgment-lowered-from-$1.5-million-to-$54000/
Well at least the judges have common sense. I can only imagine this will go to the supreme courts in the end, but at least minor victories are happening along the way.
