Masthead graphic based on a painting by Gudrun Thriemer.

Thursday, June 25, 2009

Nate Anderson, "Thomas verdict: willful infringement, $1.92 million penalty," Ars Technica, June 18, 2009.

[If you follow the Fair Copyright for Canada movement, you will know that this American case foreshadows what is in store for Canadians if and when Parliament passes Bill C-61. As the story points out, even the RIAA got more blood than they were hoping for. Thanks to Ottawa lawyer, Howard Knopf, at Excess Copyright for calling attention to this story. -jlt]

A new lawyer, a new jury, and a new trial were not enough to save Jammie Thomas-Rasset. In a repeat of the verdict from her first federal trial, Thomas-Rasset was found liable for willfully infringing all 24 copyrights controlled by the four major record labels at issue in the case. The jury awarded the labels damages totaling a whopping $1.92 million. As the dollar amount was read in court, Thomas-Rasset gasped and her eyes widened.

Kiwi Camara, Thomas-Rasset's lead attorney, spoke briefly after the trial. He told reporters that when he first heard the $80,000 per song damage award, he was "angry about it" and said he had been convinced that any liability finding would have been for the minimum amount of $750 per song.

  As for Camara, he intends to press ahead with his class-action lawsuit against the recording industry, in which he will take up the daunting task of trying to claw back all the money that the recording industry has collected in the course of its legal campaign to date.

Read the rest here =>

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