Until today, Jammie Rassert-Thomas was the highest paying individual file-sharer, when a August 2009 jury slammed her with a $1.9 million copyright infringement penalty. Jammie was accused by the music industry of sharing 24 songs on the FastTrack networking using the Kazaa client. The jury's penalty came to about $80,000 per song. Today, that penalty has been set aside, and instead Jamie Rassert-Thomas owes $54,000 total.

Although Judge Michael J. Davis, who presided over the case, cannot set aside the jury's verdict, he can limit the maximum penalty amount the jury can impose. The jury has a wide margin to choose from - as little as $750 per infringement, or can choose a much higher amount as per the court's blessing.

In reviewing the case, Judge Davis argued against penalizing Thomas the minimum of $750 per song because of inconsistencies in her testimony. Because he found Thomas' actions willful, he hiked the penalty to $2,250 per song. Although he wasn't impressed with Thomas' performance at trial (for example, shifting blame to her ex-boyfriend and her children), penalizing her for nearly 2 million dollars was beyond the intention of the law.

"This award constitutes the maximum amount a jury could reasonably award to both compensate Plaintiffs and address the deterrence aspect of the Copyright Act. This reduced award is significant and harsh. It is a higher award than the Court might have chosen to impose in its sole discretion, but the decision was not entrusted to this Court. It was the jury’s province to determine the award of statutory damages and this Court has merely reduced that award to the maximum amount that is no longer monstrous and shocking. Plaintiffs have seven days from the date of this Order to decide whether to accept the remittitur or request a new trial on the issue of damages."

We asked the RIAA what their plan is, but told us they are currently reviewing the decision. They have seven days to decide whether to pursue with another trial or accept the Memorandum of Law & Order from Judge Davis.

Date: 2010-01-22 Source: http://www.slyck.com/news.php?story=1902