A second guilty verdict for Jammie Thomas

Fri Jun 19, 2009 12:24PM EDT

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In October 2007, poor Jammie Thomas was found guilty of copyright infringement for downloading and sharing 24 songs on the Kazaa P2P network. She was ordered to pay the record industry a whopping $222,000, or $9,250 per song, which many observers decried as outrageous at the time.

Thomas (now known as Jammie Thomas-Rasset) eventually wrangled a mistrial over the way jury instructions were presented in the proceedings, and earlier this month her new trial began.

The verdict is now in: Guilty, again. The fine: $1.92 million, or $80,000 per song!

Accounts note that Thomas-Rasset "gasped and her eyes widened" as the dollar amount was read -- but later added in an interview that actually collecting the money would be like "squeezing blood from a turnip."

Legal observers are shocked by the result. Some are even wondering whether the judgment is constitutional, considering it an improper and "grossly excessive" punitive damage and suggesting that such awards, designed to "send a message" to other infringers, cross constitutional lines. Naturally, an appeal of the case itself is also planned to a higher court.

Ars Technica notes that the record industry might not actually be so thrilled with such an insanely high verdict, as it's likely to fuel even more ill will toward the RIAA and the financially struggling record industry, as such a judgment paints them as deep-pocketed corporate vultures cruelly preying on individuals. The RIAA says it's still willing to reach a settlement with Thomas-Rasset, but has declined to offer any specifics on what a settlement might look like.

Meanwhile, Thomas-Rasset says she's determined to keep fighting the case... that is, as long as her pro-bono attorneys are willing to stand by her side.

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