A jury has found Jammie Thomas of Brainerd,
Minn. liable
for copyright infringement, and has billed her over $9,000 for each of the
24 songs which she allegedly shared on Kazaa. The sum total of the damages tops
$200,000. Thomas had turned down a settlement offered by the RIAA, probably in
the low thousands.
Thomas had opted to go ahead with the trial because she denied actually
sharing the files, or having even heard of the file-sharing network on which
her music was available. She had also recently replaced her hard drive, a fact
that the RIAA asserted was an attempt to hide evidence. Testimony from a
computer security expert from Iowa
State University
was used to debunk alternate explanations.
The verdict did not rely on any actual evidence that Thomas had actually
shared files, nor that those files were downloaded by other users -- but on charges that she made the music available. A judge in Pennsylvania came
to the same conclusion earlier this year.
This is, of course, a textbook Pyrrhic victory for the Recording Industry
Association of America. Whatever small number of people will be scared into not
sharing music anymore is easily trumped by that much more hatred which the
public has for the easily vilified music biz. And given that Jammie Thomas is a
single mother of two, there is no way in hell the RIAA is getting six figures
out of the trial.
It is astonishing that a federal court wold permit a judgment based on NO EVIDENCE OF INFRINGEMENT.
AN ANALOGY: ONE BUYS A CD IN A STORE. PUTS IT ON THE SIDEWALK. NOW THAT PERSON IS LIABLE BECAUSE HE HAS MADE THE CD AVAILABLE TO ANYONE ON THE STREET TO PICK UP AND COPY.
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